FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Technology Acceleration Act of 2016''. SEC. 2. INNOVATION IN CLEAN WATER STATE REVOLVING FUNDS. (a) Innovative Water Technologies.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (1) in subsection (c)-- (A) in paragraph (10), by striking ``and'' at the end; (B) in paragraph (11)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(12) for the deployment of innovative water technologies, including-- ``(A) green technologies, including manufactured technology and natural systems, to address nonpoint source pollution from agriculture; ``(B) resource recovery in water and wastewater treatment systems, including-- ``(i) energy conservation and production; ``(ii) water reuse and recycling; and ``(iii) recovery of valuable materials, such as nutrients from wastewater streams; and ``(C) green infrastructure and other innovative technologies, such as real-time system monitoring and peak wet weather treatment technology, to reduce sewer and storm water overflows due to wet weather events in urban areas.''; and (2) by adding at the end the following: ``(j) Technical Assistance.--The Administrator shall carry out technical assistance programs to facilitate and encourage the provision of financial assistance for the purposes described in subsection (c)(12). ``(k) Report.--Each year, the Administrator shall submit to Congress a report that describes-- ``(1) the amount of financial assistance provided by State water pollution control revolving funds to deploy innovative water technologies; ``(2) the barriers impacting greater use of innovative water technologies; and ``(3) the cost-saving potential to cities and future infrastructure investments from emerging technologies.''. (b) Authorization of Appropriations.--Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking ``There is'' and inserting the following: ``(1) In general.--There are''; and (3) by adding at the end the following: ``(2) Innovative water technologies.--In addition to any other funds made available to carry out this title and notwithstanding any other provision of this Act, there is authorized to be appropriated to the Administrator to make additional allotments under this title to States to provide financial assistance solely for purposes described in section 603(c)(12) $100,000,000 for each fiscal year.''. SEC. 3. INNOVATION IN DRINKING WATER STATE REVOLVING FUNDS. Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- (1) in subsection (a)(2)-- (A) in the first sentence-- (i) by striking ``only''; and (ii) by striking ``Except'' and inserting the following: ``(A) In general.--Except''; (B) in the second sentence, by striking ``Financial'' and inserting the following: ``(B) Financial assistance.--Financial''; (C) in the third sentence, by striking ``The funds'' and inserting the following: ``(C) Loans to public water systems.--The funds''; (D) in the fourth sentence, by striking ``The funds'' and inserting the following: ``(D) Innovative water technologies.--The funds may be used for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users. ``(E) Limitation.--The funds''; and (E) in the fifth sentence, by striking ``Of the amount'' and inserting the following: ``(F) Public water systems serving fewer than 10,000 persons.--Of the amount''; (2) in subsection (f)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users.''; (3) by striking subsection (m) and inserting the following: ``(m) Authorization of Appropriations.--In addition to any other funds made available to carry out this section and notwithstanding any other provision of this Act, there is authorized to be appropriated to the Administrator to make additional allotments under this section to States to provide financial assistance solely for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users, $100,000,000 for each fiscal year.''; and (4) by adding at the end the following: ``(s) Technical Assistance.--The Administrator shall carry out technical assistance programs to facilitate and encourage the provision of financial assistance for the deployment of innovative water technologies, including technologies to improve water quality and technologies to improve real-time water quality information of water users. ``(t) Report.--Each year, the Administrator shall submit to Congress a report that describes-- ``(1) the amount of financial assistance provided by State drinking water revolving funds to deploy innovative water technologies; ``(2) the barriers impacting greater use of innovative water technologies; and ``(3) the cost-saving potential to cities and future infrastructure investments from emerging technologies.''. SEC. 4. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a public utility, including publicly owned treatment works and clean water systems; (B) a municipality; (C) a private entity, including a farmer or manufacturer; (D) an institution of higher education; (E) a research institution or foundation; (F) a State; (G) a regional organization; or (H) a nonprofit organization. (b) Grant Program Authorized.--The Administrator shall carry out a grant program for purposes described in subsection (c) to accelerate the development of innovative water technologies that address pressing water challenges. (c) Grants.--In carrying out the program under subsection (b), the Administrator shall make to eligible entities grants that-- (1) finance projects that-- (A) are public-private partnerships; and (B) deploy, test, and improve emerging water technologies; (2) fund entities that provide technical assistance to deploy innovative water technologies more broadly, especially-- (A) to increase adoption of innovative water technologies in-- (i) municipal water and wastewater treatment systems; or (ii) areas served by private wells; and (B) in a manner that reduces ratepayer or community costs over time, including the cost of future capital investments; or (3) specifically target investments that, as determined by the Administrator-- (A) improve water quality of a water source; (B) improve water quality through the improvement of the safety and security of a drinking water delivery system; (C) minimize contamination of drinking water, including contamination by lead, bacteria, and nitrates; (D) improve the quality and timeliness and decrease the cost of drinking water tests, especially technologies that can be deployed within water systems and at individual faucets to provide accurate real-time tests of water quality, especially with respect to lead, bacteria, and nitrate content; (E) treat edge-of-field runoff to improve water quality; (F) treat agricultural, municipal, and industrial wastewater; (G) manage urban storm water runoff; (H) conserve water; or (I) address urgent water quality and human health needs. (d) Priority Funding.--In making grants under this section, the Administrator shall give priority to projects that have the potential-- (1) to provide substantial cost savings across a sector (such as municipal or agricultural waste treatment); or (2) to significantly improve human health or the environment. (e) Cost-Sharing.--The Federal share of the cost of activities carried out using a grant made under this section shall be not more than 70 percent. (f) Limitation.--The maximum amount of a grant provided to a project under this section shall be $5,000,000. (g) Report.--Each year, the Administrator shall submit to Congress and make publicly available on the website of the Administrator a report that describes any advancements during the previous year in development of innovative water technologies made as a result of funding provided under this section. (h) Funding.--There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year.

Water Technology Acceleration Act of 2016 This bill amends the Federal Water Pollution Control Act and the Safe Drinking Water Act to accelerate the testing, deployment, and commercialization of innovative water technologies. The Environmental Protection Agency (EPA)must evaluate the barriers impacting greater use of innovative water technology and provide technical assistance to facilitate financial assistance tohelp communities use new technology.The new technology is designed to help communities address wastewater, storm runoff, and drinking water challenges. Additionally, the EPA must carry out a grant program to accelerate the testing and deployment of innovative water technologies that address water challenges. Priority funding must be given to projects that have the potential to: (1)provide substantial cost savings across a sector, or (2)significantly improve human health or the environment.

Water Technology Acceleration Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congenital heart defects are the most common and most deadly group of birth defects and affect nearly 1 percent of all live births, approximately 36,000 births a year. A child is born with a congenital heart defect every 15 minutes. (2) Congenital heart disease is a rapidly growing national health problem. Childhood survival has risen from below 20 percent in 1950 to more than 90 percent today. Due to the increase in childhood survival, the congenital heart disease population increases by an estimated 5 percent every year. (3) Approximately 800,000 children and 1,000,000 adults in the United States are now living with congenital heart disease and require highly specialized life-long cardiac care. (4) There is no cure for congenital heart disease. Even survivors of successful childhood treatment can face life-long risks from congenital heart disease, including heart failure, rhythmic disorders, stroke, renal dysfunction, and neurocognitive dysfunction. (5) Less than 10 percent of adults living with complex congenital heart disease currently receive recommended cardiac care. Many individuals with congenital heart disease are unaware that they require life-long specialized health surveillance. Delays in care can result in premature death and disability. (6) The estimated life expectancy for those with congenital heart disease is significantly lower than for the general population. The life expectancy for those born with moderately complex heart defects is 55, while the estimated life expectancy for those born with highly complex defects is between 35 and 40. (7) Despite the prevalence and seriousness of the disease, Federal research, data collection, education, and awareness activities are limited. (8) The strategic plan of the National Heart, Lung, and Blood Institute completed in 2007 notes that ``successes over several decades have enabled people with congenital heart diseases to live beyond childhood, but too often inadequate data are available to guide their treatment as adults''. (9) The strategic plan for the Division of Cardiovascular Diseases at the National Heart, Lung, and Blood Institute, completed in 2008, set goals for congenital heart disease research, including understanding the development and genetic basis of congenital heart disease, improving evidence-based care and treatment of children with congenital and acquired pediatric heart disease, and improving evidence-based care and treatment of adults with congenital heart disease. SEC. 3. PUBLIC EDUCATION AND AWARENESS OF CONGENITAL HEART DISEASE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO CONGENITAL HEART DISEASE ``SEC. 399HH. PUBLIC EDUCATION AND AWARENESS OF CONGENITAL HEART DISEASE. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with appropriate congenital heart disease patient organizations and professional organizations, may, directly or through grants, cooperative agreements, or contracts to eligible entities, conduct, support, and promote a comprehensive public education and awareness campaign to increase public and medical community awareness regarding congenital heart disease, including the need for life-long treatment of congenital heart disease survivors. ``(b) Eligibility for Grants.--To be eligible to receive a grant, cooperative agreement, or contract under this section, an entity shall be a State or private nonprofit entity and shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 4. NATIONAL CONGENITAL HEART DISEASE REGISTRY. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 399II. NATIONAL CONGENITAL HEART DISEASE REGISTRY. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may-- ``(1) enhance and expand infrastructure to track the epidemiology of congenital heart disease and to organize such information into a comprehensive, nationwide registry of actual occurrences of congenital heart disease, to be known as the `National Congenital Heart Disease Registry'; or ``(2) award a grant to one eligible entity to undertake the activities described in paragraph (1). ``(b) Purpose.--The purpose of the Congenital Heart Disease Registry shall be to facilitate further research into the types of health services patients use and to identify possible areas for educational outreach and prevention in accordance with standard practices of the Centers for Disease Control and Prevention. ``(c) Content.--The Congenital Heart Disease Registry-- ``(1) may include information concerning the incidence and prevalence of congenital heart disease in the United States; ``(2) may be used to collect and store data on congenital heart disease, including data concerning-- ``(A) demographic factors associated with congenital heart disease, such as age, race, ethnicity, sex, and family history of individuals who are diagnosed with the disease; ``(B) risk factors associated with the disease; ``(C) causation of the disease; ``(D) treatment approaches; and ``(E) outcome measures, such that analysis of the outcome measures will allow derivation of evidence- based best practices and guidelines for congenital heart disease patients; and ``(3) may ensure the collection and analysis of longitudinal data related to individuals of all ages with congenital heart disease, including infants, young children, adolescents, and adults of all ages, including the elderly. ``(d) Coordination With Federal, State, and Local Registries.--In establishing the National Congenital Heart Registry, the Secretary may identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health infrastructure, including-- ``(1) State birth defects surveillance systems; ``(2) the State birth defects tracking systems of the Centers for Disease Control and Prevention; ``(3) the Metropolitan Atlanta Congenital Defects Program; and ``(4) the National Birth Defects Prevention Network. ``(e) Public Access.--The Congenital Heart Disease Registry shall be made available to the public, including congenital heart disease researchers. ``(f) Patient Privacy.--The Secretary shall ensure that the Congenital Heart Disease Registry is maintained in a manner that complies with the regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996. ``(g) Eligibility for Grant.--To be eligible to receive a grant under subsection (a)(2), an entity shall-- ``(1) be a public or private nonprofit entity with specialized experience in congenital heart disease; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 5. ADVISORY COMMITTEE ON CONGENITAL HEART DISEASE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.), as amended by section 4, is further amended by adding at the end the following: ``SEC. 399JJ. ADVISORY COMMITTEE ON CONGENITAL HEART DISEASE. ``(a) Establishment.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may establish an advisory committee, to be known as the `Advisory Committee on Congenital Heart Disease' (referred to in this section as the `Advisory Committee'). ``(b) Membership.--The members of the Advisory Committee may be appointed by the Secretary, acting through the Centers for Disease Control and Prevention, and shall include-- ``(1) at least one representative from-- ``(A) the National Institutes of Health; ``(B) the Centers for Disease Control and Prevention; and ``(C) a national patient advocacy organization with experience advocating on behalf of patients living with congenital heart disease; ``(2) at least one epidemiologist who has experience working with data registries; ``(3) clinicians, including-- ``(A) at least one with experience diagnosing or treating congenital heart disease; and ``(B) at least one with experience using medical data registries; and ``(4) at least one publicly or privately funded researcher with experience researching congenital heart disease. ``(c) Duties.--The Advisory Committee may review information and make recommendations to the Secretary concerning-- ``(1) the development and maintenance of the National Congenital Heart Disease Registry established under section 399II; ``(2) the type of data to be collected and stored in the National Congenital Heart Disease Registry; ``(3) the manner in which such data is to be collected; ``(4) the use and availability of such data, including guidelines for such use; and ``(5) other matters, as the Secretary determines to be appropriate. ``(d) Report.--Not later than 180 days after the date on which the Advisory Committee is established and annually thereafter, the Advisory Committee shall submit a report to the Secretary concerning the information described in subsection (c), including recommendations with respect to the results of the Advisory Committee's review of such information.''. SEC. 6. CONGENITAL HEART DISEASE RESEARCH. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by adding at the end the following: ``SEC. 425. CONGENITAL HEART DISEASE. ``(a) In General.--The Director of the Institute may expand, intensify, and coordinate research and related activities of the Institute with respect to congenital heart disease, which may include congenital heart disease research with respect to-- ``(1) causation of congenital heart disease, including genetic causes; ``(2) long-term outcomes in individuals with congenital heart disease, including infants, children, teenagers, adults, and elderly individuals; ``(3) diagnosis, treatment, and prevention; ``(4) studies using longitudinal data and retrospective analysis to identify effective treatments and outcomes for individuals with congenital heart disease; and ``(5) identifying barriers to life-long care for individuals with congenital heart disease. ``(b) Coordination of Research Activities.--The Director of the Institute may coordinate research efforts related to congenital heart disease among multiple research institutions and may develop research networks. ``(c) Minority and Medically Underserved Communities.--In carrying out the activities described in this section, the Director of the Institute shall consider the application of such research and other activities to minority and medically underserved communities.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out the amendments made by this Act such sums as may be necessary for each of fiscal years 2010 through 2014.

Congenital Heart Futures Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC) in collaboration with appropriate congenital heart disease patient organizations and professional organizations, to conduct, support, and promote a comprehensive public education campaign to increase awareness regarding congenital heart disease, including the need for lifelong treatment. Authorizes the Secretary to: (1) award a grant to one entity to enhance and expand infrastructure to track the epidemiology of congenital heart disease and to organize such information into a comprehensive National Congenital Heart Disease Registry with the purpose of facilitating research into the types of health services patients use and identifying possible areas for educational outreach and prevention; and (2) establish an Advisory Committee on Congenital Heart Disease. Authorizes the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities of the Institute regarding congenital heart disease.

To amend the Public Health Service Act to coordinate Federal congenital heart disease research efforts and to improve public education and awareness of congenital heart disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona National Forest Improvement Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Sedona, Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any and all right, title, and interest of the United States in and to the following National Forest System land and administrative sites: (1) The Camp Verde Administrative Site, comprising approximately 213.60 acres, as depicted on the map entitled ``Camp Verde Administrative Site'', dated April 12, 1997. (2) A portion of the Cave Creek Administrative Site, comprising approximately 16 acres, as depicted on the map entitled ``Cave Creek Administrative Site'', dated May 1, 1997. (3) The Fredonia Duplex Housing Site, comprising approximately 1.40 acres, and the Fredonia Housing Site, comprising approximately 1.58 acres, as depicted on the map entitled ``Fredonia Duplex Dwelling, Fredonia Ranger Dwelling'', dated August 28, 1997. (4) The Groom Creek Administrative Site, comprising approximately 7.88 acres, as depicted on the map entitled ``Groom Creek Administrative Site'', dated April 29, 1997. (5) The Payson Administrative Site, comprising approximately 296.43 acres, as depicted on the map entitled ``Payson Administrative Site'', dated May 1, 1997. (6) The Sedona Administrative Site, comprising approximately 21.41 acres, as depicted on the map entitled ``Sedona Administrative Site'', dated April 12, 1997. (b) Consideration.--Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land, existing improvements, and improvements constructed to the specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this section, any sale or exchange of land under subsection (a) shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land or administrative site exchanged under subsection (a). (e) Solicitation of Offers.-- (1) In general.--The Secretary may solicit offers for the sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 4. CONVEYANCE TO CITY OF SEDONA. (a) In General.--The Secretary may sell to the city of Sedona, Arizona, by quitclaim deed in fee simple, all right, title, and interest of the United States in and to approximately 300 acres of land as depicted on the map in the environmental assessment entitled ``Sedona Effluent Management Plan'', dated August 1998, for construction of an effluent disposal system in Yavapai County, Arizona. (b) Description.--A legal description of the land conveyed under subsection (a) shall be available for public inspection in the office of the Chief of the Forest Service, Washington, District of Columbia. (c) Consideration.-- (1) Fair market value.--As consideration for the conveyance of land under subsection (a), the City shall pay to the Secretary an amount equal to the fair market value of the land as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. (2) Cost of appraisal.--The City shall pay the cost of the appraisal of the land. (3) Payment.--Payment of the amount determined under paragraph (1) (including any interest payable under paragraph (4)) shall be paid, at the option of the City-- (A) in full not later than 180 days after the date of the conveyance of the land; or (B) in 7 equal annual installments commencing not later than January 1 of the first year following the date of the conveyance and annually thereafter until the total amount has been paid. (4) Interest rate.--Any payment due for the conveyance of land under this section shall accrue, beginning on the date of the conveyance, interest at a rate equal to the current (as of the date of the conveyance) market yield on outstanding, marketable obligations of the United States with maturities of 1 year. (d) Release.--Subject to compliance with all Federal environmental laws by the Secretary before the date of conveyance of land under this section, on conveyance of the land, the City shall agree in writing to hold the United States harmless from any and all claims to the land, including all claims resulting from hazardous materials on the conveyed land. (e) Right of Reentry.--At any time before full payment is made for the conveyance of land under this section, the conveyance shall be subject to a right of reentry in the United States if the Secretary determines that-- (1) the City has not complied with the requirements of this section or the conditions prescribed by the Secretary in the deed of conveyance; or (2) the conveyed land is not used for disposal of treated effluent or other purposes related to the construction of an effluent disposal system in Yavapai County, Arizona. SEC. 5. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under this Act in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities for the Coconino National Forest, Kaibab National Forest, Prescott National Forest, and Tonto National Forest; or (2) the acquisition of land and or an interest in land in the State of Arizona.

Arizona National Forest Improvement Act of 1999 - Authorizes the Secretary of Agriculture to convey: (1) specified National Forest System land and administrative sites in Arizona; and (2) sell specified land to the city of Sedona, Arizona, for construction of an effluent disposal system in Yavapai County, Arizona.

Arizona National Forest Improvement Act of 1999

SECTION 1. SHORT TITLE. The Act may be cited as the ``PLO Accountability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Palestine Liberation Organization (PLO) Mission office, representing the PLO, and by extension, the Palestinian Authority, in Washington, DC, was opened in 1994 in order to implement the Oslo Accords, which initiated direct negotiations between the PLO and the Government of Israel. (2) Section 1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof''. (3) Using various authorities, the Executive branch has waived the provisions of section 1003 of the Anti-Terrorism Act of 1987. (4) Article XXXI, clause 7, of the Israeli-Palestinian Interim Agreement on the Status of the West Bank and the Gaza Strip (September 28, 1995) states that ``Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations''. (5) In January 2009, the PLO sent a declaration to the International Criminal Court under Article 12(3) of the Rome Statute of the International Criminal Court on behalf of the Palestinian Authority. (6) On October 31, 2011, the United Nations Educational, Scientific and Cultural Organization (UNESCO) voted to admit the ``State of Palestine'' as its 195th full member. Since being admitted, the Palestinians have used UNESCO to pass anti- Israel rulings, including a recent proposal to have the Western Wall classified as part of the Aqsa compound. (7) On November 29, 2012, the United Nations General Assembly voted to accord the ``State of Palestine'' status as a nonmember observer state at the United Nations. (8) On April 2, 2014, the PLO joined the Geneva Conventions as well as 13 other organizations. (9) On January 2, 2015, the PLO acceded to the Rome Statute, and on January 16, 2015, the Prosecutor of the International Criminal Court opened a ``preliminary examination of the situation in Palestine'' after accepting jurisdiction of the International Criminal Court ``over alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014''. (10) The PLO's decision to accede to the Rome Statute as well as several international organizations is an attempt to change the status of the West Bank and the Gaza Strip outside of direct negotiations between the Israelis and Palestinians. (11) On January 7, 2015, the Department of State's Office of the Spokesperson stated, ``we have made clear our opposition to Palestinian action in seeking to join the Rome Statute of the International Criminal Court. This step is counter- productive, will damage the atmosphere with the very people with whom Palestinians ultimately need to make peace, and will do nothing to further the aspirations of the Palestinian people for a sovereign and independent state.''. (12) On February 23, 2015, a jury in a New York Federal court found the PLO and the Palestinian Authority liable for six terrorist attacks in Israel between 2002 and 2004 that killed 33 people and injured more than 450 others, including United States citizens among the victims. (13) The Federal jury ordered the PLO and the Palestinian Authority, both of which are headed by Mahmoud Abbas, to pay $218,500,000 in reparations to the victims and their families of these terror acts. (14) On April 1, 2015, the ``State of Palestine'' officially became a member of the International Criminal Court. (15) The PLO continues to reward terrorists and their families who commit terrorist attacks, providing a higher reward to those with longer jail sentences. (16) The PLO continues to refuse to disclose all of its financial assets, including the multibillion-dollar Palestinian National Fund (PNF) belonging to Mahmoud Abbas. The Fund is estimated to have tens of billions of dollars, though its exact amount is unknown. It is allegedly used by Abbas to fund everything from his international campaign against Israel to compensation to the families of Palestinian terrorists. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Palestine Liberation Organization (PLO) has failed to live up to its commitment to a bilateral peace process with Israel, renounce violence, accept Israel's right to exist, honor previous diplomatic agreements made by the Palestinians, and continues to circumvent a negotiated settlement with Israel by seeking unilateral statehood at the United Nations and from other countries, and continues to actively endorse terror; (2) Mahmoud Abbas has purposefully blurred the lines between the PLO and the Palestinian Authority in order to avoid responsibility for violating previous agreements with Israel while continuing to receive United States aid; (3) the Palestinian initiation of an International Criminal Court investigation, or active support for such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians, would violate the Palestinians' commitment to not change the status of the West Bank and Gaza Strip; (4) only a solution negotiated directly between the Israelis and Palestinians can result in a lasting peace, and the Palestinians should not turn to outside parties, including international organizations, to impose or otherwise influence a solution between the parties; (5) if the Palestinian Authority or any representation thereof initiates or supports an investigation at the International Criminal Court, the Secretary of State should close the Palestine Liberation Organization Mission office in the United States; and (6) it is in the national security interests of the United States to remove the PLO office from Washington, DC. SEC. 4. PROHIBITIONS REGARDING THE PLO UNDER THE ANTI-TERRORISM ACT OF 1987. Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is amended-- (1) by striking ``It shall be unlawful'' and inserting ``(a) In General.--It shall be unlawful''; and (2) by adding at the end the following: ``(b) Waiver.--Notwithstanding any other provision of law, including section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), the President may waive for a period of not more than 6 months the provisions of subsection (a) if the President determines and certifies in writing to Congress, no less than 45 days before the waiver is to take effect, that-- ``(1)(A) the Palestinians have not, on or after April 1, 2015, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; ``(B) the Palestinians have officially ceased to be members of the International Criminal Court (ICC) and have withdrawn from the Rome Statute; ``(C) any preliminary examination or ongoing investigation against Israel, the Government of Israel, the Israeli Armed or Security Forces, or any Israeli national initiated by, or on behalf of, the Palestinians, or referred to the ICC by a state party, the United Nations Security Council, or a Pre-Trial Chamber has been withdrawn and terminated; ``(D) the PLO and the Palestinian Authority no longer provide any financial award, payment, or salary to Palestinian terrorists imprisoned in Israel who have committed terrorist attacks, or their families; and ``(E) the PLO and the Palestinian Authority no longer engage in a pattern of incitement against the United States or Israel; or ``(2) the Palestinians have entered into a final negotiated peace agreement with, and have ceased all hostilities against, Israel. ``(c) Definition.--In subsection (b)(1)(E), the term `incitement' means-- ``(1) statements, media, communication, or other activities against any religion, ethnicity, or nationality; ``(2) advocacy, endorsement, or glorification of violence, martyrdom, or terrorism; or ``(3) endorsement, glorification, honor, or other memorialization of any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, stadium, public square, street, land, landmark, waterway, or other facility.''.

PLO Accountability Act This bill expresses the sense of Congress concerning the participation of the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) in the peace process and adherence to diplomatic agreements with Israel, PA support for an International Criminal Court investigation of Israel, and the presence of a PLO office in Washington, DC. The Anti-Terrorism Act of 1987 is amended to authorize the President to waive for up to six months the prohibition against establishment or maintenance of a PLO office, headquarters, premises, or other facilities within U.S. jurisdiction, if the President certifies to Congress that the Palestinians have entered into a final negotiated peace agreement with, and have ceased hostilities against, Israel or that: the Palestinians have not, on or after April 1, 2015, obtained state standing in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; the Palestinians have officially ceased to be members of the ICC and have withdrawn from the Rome Statute; any ICC investigation against Israel initiated by, or on behalf of, the Palestinians has been withdrawn and terminated; the PLO and the PA no longer provide financial awards or salaries to Palestinians imprisoned in Israel for terrorist attacks, or to their families; and the PLO and the PA no longer engage in a pattern of incitement against the United States or Israel.

PLO Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Bioengineering Research Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Bioengineering is an interdisciplinary field that applies physical, chemical, and mathematical sciences and engineering principles to the study of biology, medicine, behavior, and health. It advances knowledge from the molecular to the organ systems level, and develops new and novel biologics, materials, processes, implants, devices, and informatics approaches for the prevention, diagnosis, and treatment of disease, for patient rehabilitation, and for improving health. (2) Efforts to reduce Federal budget deficits require that resources be managed in ways to maximize productivity. (3) As part of the NIH Revitalization Act of 1993, Congress asked for a report on the state of bioengineering research at the National Institutes of Health. (4) In 1994, as requested by the Congress, an External Consultants Committee submitted a report to the Director of the National Institutes of Health on support for bioengineering research. (5) In 1995, the Director of the National Institutes of Health submitted a report to Congress on Support for Bioengineering Research, that included recommendations for greater coordination of bioengineering research. (6) In 1996, an amendment to the National Institutes of Health Revitalization Act of 1996 directed the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to ``prepare and submit to the Committee on Labor and Human Resources of the Senate and the Committee on Commerce of the House of Representatives, a report containing specific plans and timeframes on how the Director will implement the findings and recommendations of the Report to Congress entitled Support for Bioengineering Research submitted to Congress in August 1995 in compliance with Public Law 103-43, the National Institutes of Health (NIH) Revitalization Act of 1993, Section 1912''. This legislation passed the Senate but was not acted upon by the House. (7) In the spring of 1997, the National Institutes of Health established the Bioengineering Consortium, with representation from each of the institutes, to advance bioengineering and its mission within the National Institutes of Health. (8) Legislation is needed to support and further the efforts already begun by the National Institutes of Health in order to maximize the health benefits for the American people. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR BIOENGINEERING RESEARCH. (a) In General.--Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 425A. NATIONAL CENTER FOR BIOENGINEERING RESEARCH. ``(a) Establishment.--The Director of the National Heart, Lung, and Blood Institute shall establish, within the National Heart, Lung, and Blood Institute, a National Center for Bioengineering Research (in this section referred to as the `Center'). The Center shall be headed by a director, who shall be appointed by the Director of the National Heart, Lung, and Blood Institute. ``(b) Purpose.--The purpose of the Center is to-- ``(1) promote basic research in bioengineering; and ``(2) establish an office to enhance the state of and improve coordination of bioengineering research conducted within the National Institutes of Health and throughout the Federal Government. ``(c) Duties.--The Center shall-- ``(1) enhance bioengineering research at the National Institutes of Health by-- ``(A) increasing the proportion of National Institutes of Health funds that are devoted to basic rather than applied bioengineering research; ``(B) improving the review of bioengineering grant applications; and ``(C) increasing intramural research in bioengineering; ``(2) convene a conference of bioengineering experts representing relevant Federal agencies, academia, and private sector entities to make recommendations to the Director of the Center regarding-- ``(A) setting the agenda of the Center; and ``(B) identifying promising research directions and emerging needs and opportunities in bioengineering research; ``(3) promote joint funding of collaborative bioengineering research projects conducted by the national research institutes and other agencies of the National Institutes of Health or conducted by any such institute and another Federal entity; ``(4) enhance communication among bioengineering investigators within Federal agencies and with private sector entities; ``(5) educate members of Congress and the public on the critical importance of bioengineering in enhancing the diagnosis and treatment of disease and strengthening the economy; ``(6) annually convene a group of bioengineering experts from Federal agencies and private sector entities to advise the Director of the Center; and ``(7) prepare and submit to Congress, through the Director of the National Institutes of Health, an annual report. ``(d) Limitation.--The Center may not use amounts provided under this section to award grants. ``(e) Authorization of Appropriations.-- ``(1) For the center.--There is authorized to be appropriated $750,000 for each fiscal year for the general operation of the Center. ``(2) For general bioengineering activities.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 1998 through 2007, to be allocated at the discretion of the Director of NIH among the bioengineering activities being carried out by the national research institutes and other agencies of the National Institutes of Health.''. (b) Conforming Amendment.--Section 401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end the following: ``(F) The National Center for Bioengineering Research.''.

National Center for Bioengineering Research Act - Establishes a National Center for Bioengineering Research within the National Heart, Lung, and Blood Institute to: (1) promote basic research in bioengineering; and (2) establish an office to enhance and improve coordination of bioengineering research conducted within the National Institutes of Health and throughout the Federal Government. Authorizes appropriations.

National Center for Bioengineering Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Election Systems from Foreign Control Act''. SEC. 2. ENSURING NO FOREIGN OWNERSHIP OR INFLUENCE ON VOTING SYSTEMS. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21083 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. ENSURING NO FOREIGN OWNERSHIP OR CONTROL OVER VOTING SYSTEMS. ``(a) Requiring Vendors To Be Qualified.--Each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office shall ensure that each vendor who provides, supports, or maintains any component of a voting system used in the administration of the election is a qualified voting systems vendor. ``(b) Annual Evaluation To Ensure Compliance.--Each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office shall, not less frequently than once each calendar year, evaluate each of the vendors who provide, support, or maintain any component of a voting system used in the administration of the election to ensure that the vendor is a qualified voting system vendor. ``(c) Cybersecurity Best Practices.--Not later than 90 days after the date of the enactment of this section, the Chair of the Commission and the Secretary of Homeland Security shall establish and publish cybersecurity best practices for vendors who provide, support, or maintain voting systems, and shall establish and publish updates to such best practices at such times as the Chair and the Secretary consider appropriate. ``(d) Guidance and Technical Assistance.-- ``(1) In general.--The Chair of the Commission and the Secretary of Homeland Security may provide such guidance and technical assistance as may be appropriate to assist each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office with its obligations under this section. ``(2) Database of qualified vendors.--As part of providing guidance and technical assistance under this subsection, the Commission shall establish and maintain a database in which each State, unit of local government, or component of a State or unit of local government which is responsible for the administration of an election for Federal office can verify whether a vendor is a qualified voting systems vendor. ``(e) Qualified Voting Systems Vendor Defined.-- ``(1) In general.--In this section, the term `qualified voting system vendor' means a person who provides, supports, or maintains, or seeks to provide, support, or maintain, a voting system used in the administration of an election for Federal office who meets each of the following criteria, as established and published by the Chair of the Commission in coordination with the Secretary of Homeland Security: ``(A) Except as provided in paragraph (2), the person is solely owned and controlled by a citizen or citizens of the United States. ``(B) The person discloses any sourcing outside the United States for any parts of the voting system to the Chair of the Commission, the Secretary of Homeland Security, and the chief State election official of any State in which the vendor provides or seeks to provide goods or services with respect to the voting system. ``(C) The person discloses any material change in its ownership or control to the Chair of the Commission, the Secretary of Homeland Security, and the chief State election official of any State in which the vendor provides goods or services with respect to the voting system. ``(D) The person agrees to ensure that the voting systems will be developed and maintained in a manner that is consistent with the cybersecurity best practices established under subsection (c). ``(E) The person agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices established under subsection (c). ``(F) The vendor shall report any known or suspected security incidents involving voting systems to the chief State election official of the State involved or the official's designee, the Chair, and the Secretary. ``(2) Permitting waiver of domestic ownership requirement for certain subsidiaries.--The Secretary of Homeland Security may waive the requirement of subparagraph (A) of paragraph (1) with respect to a person who is a United States subsidiary of a parent company which has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Secretary. Such plan shall ensure that the parent company cannot control, influence, or direct the subsidiary in any manner that would compromise or influence, or give the appearance of compromising or influencing, the independence and integrity of an election. ``(f) Voting System Defined.--In this section, the term `voting system' has the meaning given such term in section 301(b).''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendments.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Ensuring no foreign ownership or control over voting systems.''. (d) Effective Date.--The amendments made by this section shall apply with respect to elections for Federal office held in 2020 or any succeeding year.

Protect Election Systems from Foreign Control Act This bill amends the Help America Vote Act of 2002 to require state and local governments to ensure that vendors who provide, support, or maintain any component of a voting system used in a federal election are solely owned and controlled by citizens, unless the Department of Homeland Security (DHS) grants the vendor a waiver. Vendors must disclose any sourcing of parts from outside the United States or material changes in ownership or control. The Federal Election Commission and DHS shall publish cybersecurity best practices for vendors. Voting systems and vendor information technology infrastructure must be developed and maintained in a manner consistent with the best practices. Vendors must report suspected security incidents.

Protect Election Systems from Foreign Control Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2015''. SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW INDICATION FOR A RARE DISEASE OR CONDITION. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505E of such Act (21 U.S.C. 355f) the following: ``SEC. 505F. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW INDICATION FOR A RARE DISEASE OR CONDITION. ``(a) Designation.-- ``(1) In general.--The Secretary shall designate a drug as a drug approved for a new indication to prevent, diagnose, or treat a rare disease or condition for purposes of granting the extensions under subsection (b) if-- ``(A) prior to approval of an application or supplemental application for the new indication, the drug was approved or licensed for marketing under section 505(c) of this Act or section 351(a) of the Public Health Service Act, but was not so approved or licensed for the new indication; ``(B) the sponsor of the approved or licensed drug files an application or a supplemental application for approval of the new indication for use of the drug to prevent, diagnose, or treat the rare disease or condition; ``(C) the application or supplemental application for the new indication contains-- ``(i) a request for designation of the drug under this section; ``(ii) the consent of the applicant to notice being given by the Secretary under paragraph (4) respecting the designation of the drug; and ``(iii) in the case of a drug for which an extension is sought under subsection (b)(3), a list specifying each patent-- ``(I) which claims the drug or a method of using the drug; and ``(II) with respect to which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner engaged in the manufacture, use, or sale of the drug; and ``(D) the Secretary approves the application or supplemental application. ``(2) Revocation of designation.-- ``(A) In general.--Except as provided in subparagraph (B), a designation under this subsection shall not be revoked for any reason. ``(B) Exception.--The Secretary may revoke a designation of a drug under paragraph (1) if the Secretary finds that the application or supplemental application resulting in such designation contained an untrue statement of material fact. ``(3) Notification prior to discontinuance of production for solely commercial reasons.--A designation of a drug under paragraph (1) shall be subject to the condition that the sponsor of the drug will notify the Secretary of any discontinuance of the production of the drug for solely commercial reasons at least one year before such discontinuance. ``(4) Notice to public.--Notice respecting the designation of a drug under paragraph (1)-- ``(A) shall be made available to the public; and ``(B) shall include any listing of patents under subsection (a)(1)(C)(iii). ``(b) Extension.--If the Secretary designates a drug as a drug approved for a new indication for a rare disease or condition, as described in subsection (a)(1)-- ``(1)(A)(i) the 4-, 5-, and 7\1/2\-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, and the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, as applicable, shall be extended by 6 months; or ``(ii) the 4- and 12-year periods described in subparagraphs (A) and (B) of section 351(k)(7) of the Public Health Service Act, as applicable, shall be extended by 6 months; and ``(B) the 7-year period described in section 527, as applicable, shall be extended by 6 months; ``(2) if, at the time a drug is designated under subsection (a)(1)-- ``(A) the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 or a listed patent for which a certification has been submitted under subsections (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions); or ``(B) the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions); and ``(3) if the drug is a biological product, the Secretary shall not grant final effective approval for any application submitted under section 351(k)(1) of the Public Health Service Act for a biosimilar biological product that cites such drug as its reference product until the date that is 6 months after the expiration of every patent that, as of the date on which the drug is designated under subsection (a)(1), is listed for such drug pursuant to subsection (a)(1)(C)(iii), except that, if a court from which no appeal (other than a writ of certiorari) has been or could be taken rules a listed patent invalid or not infringed, then such patent shall no longer be considered for purposes of this paragraph. ``(c) Relation to Pediatric and Qualified Infectious Disease Product Exclusivity.--Any extension under subsection (b) of a period shall be in addition to any extension of the periods under sections 505A and 505E of this Act and section 351(m) of the Public Health Service Act, as applicable, with respect to the drug. ``(d) Limitations.--The extension described in subsection (b) shall not apply if the drug designated under subsection (a)(1) has previously received an extension by operation of subsection (b). ``(e) Regulations.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, the Secretary shall adopt final regulations implementing this section. ``(2) Procedure.--In promulgating a regulation implementing this section, the Secretary shall-- ``(A) issue a notice of proposed rulemaking that includes the proposed regulation; ``(B) provide a period of not less than 60 days for comments on the proposed regulation; and ``(C) publish the final regulation not less than 30 days before the effective date of the regulation. ``(3) Restrictions.--Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing this section only as described in paragraph (2), except that the Secretary may issue interim guidance for sponsors seeking to submit an application or supplemental application described in subsection (a) prior to the promulgation of such regulations. ``(4) Designation prior to regulations.--The Secretary shall designate drugs under subsection (a) prior to the promulgation of regulations under this subsection, if such drugs meet the criteria described in subsection (a). ``(f) Definition.--In this section: ``(1) The terms `biological product', `biosimilar', and `reference product' have the meanings given to such terms in section 351(i) of the Public Health Service Act. ``(2) The term `rare disease or condition' has the meaning given to such term in section 526(a)(2).''. (b) Application.--Section 505F of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to a drug for which an application or supplemental application described in subparagraphs (B) and (C) of subsection (a)(1) of such section 505F is first approved under section 505(c) of such Act (21 U.S.C. 355(c)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) on or after the date of the enactment of this Act. (c) Conforming Amendments.-- (1) Relation to pediatric exclusivity for drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (A) in subsection (b), by adding at the end the following: ``(3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition.--Notwithstanding the references in subsection (b)(1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in subsection (b)(1) shall be in addition to any extensions under section 505F.''; and (B) in subsection (c), by adding at the end the following: ``(3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition.--Notwithstanding the references in subsection (c)(1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in subsection (c)(1) shall be in addition to any extensions under section 505F.''. (2) Relation to exclusivity for new qualified infectious disease products that are drugs.--Subsection (b) of section 505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f) is amended-- (A) by amending the subsection heading to read as follows: ``Relation to Pediatric Exclusivity and Exclusivity for a Drug Approved for a New Indication for a Rare Disease or Condition''; and (B) by striking ``any extension of the period under section 505A'' and inserting ``any extension of the periods under sections 505A or 505F''. (3) Relation to pediatric exclusivity for biological products.--Section 351(m) of the Public Health Service Act (42 U.S.C. 262(m)) is amended by adding at the end the following: ``(5) Relation to exclusivity for a biological product approved for a new indication for a rare disease or condition.--Notwithstanding the references in paragraphs (2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in such paragraphs shall be in addition to any extensions under section 505F.''.

Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to extend by six months the exclusivity period for an approved drug or biological product when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an “orphan disease”). Allows the FDA to revoke an extension if the application for the new indication contained an untrue material statement. Requires the sponsor of a product receiving an extension to notify the FDA one year prior to discontinuing production for commercial reasons. Requires the FDA to notify the public of products that receive this extension and patents related to those products. Limits a product to one extension under this Act. Sets forth that extensions under this Act are in addition to other extensions. Applies only to products approved after enactment of this Act for a new indication that is a rare disease or condition.

Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Financial Services Act''. SEC. 2. ESTABLISHMENT OF NATIONAL COMMISSION ON FINANCIAL SERVICES. (a) Establishment.--There is established a commission to be known as the ``National Commission on Financial Services'' (hereafter in this section referred to as the ``Commission''). (b) Membership of the Commission.-- (1) Composition.--The Commission shall be composed of 11 voting members and 6 nonvoting members appointed as follows: (A) Five voting members and 2 nonvoting members appointed by the President. (B) Two voting members and 1 nonvoting member appointed by the Speaker of the House of Representatives. (C) One voting member and 1 nonvoting member appointed by the Minority Leader of the House of Representatives. (D) Two voting members and 1 nonvoting member appointed by the Majority Leader of the Senate. (E) One voting member and 1 nonvoting member appointed by the Minority Leader of the Senate. (2) Qualifications.-- (A) Voting members.-- (i) In general.--Voting members appointed pursuant to paragraph (1) shall be appointed from among individuals who are users of the financial services system, including representatives of business, agriculture, and consumer organizations. (ii) Prohibition.--No voting member of the Commission shall be an employee of the Federal Government or any State government. (B) Nonvoting members.--Nonvoting members appointed pursuant to paragraph (1) shall be appointed from among individuals who are experts in finance or in the financial services system. (3) Appointment.--The appointments of the members of the Commission shall be made not later than March 31, 1994. (4) Terms.--Members shall be appointed for the life of the Commission. (5) Vacancies.--A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (6) Chairperson.--The President shall designate 1 of the voting members of the Commission to serve as the chairperson of the Commission (hereafter in this section referred to as the ``Chairperson''). (7) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (8) Meetings.--The Commission shall meet at the call of the Chairperson. (9) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall, after consultation in accordance with paragraph (3), conduct a thorough study of all matters relating to the strengths and weaknesses of the United States financial services system in meeting the needs of users of the system, including the needs of-- (A) individual consumers and households; (B) State and local communities; (C) agriculture; (D) small-, medium-, and large-sized businesses (including the need for debt, equity, and other financial services); (E) governmental and nonprofit entities; and (F) exporters and other users of international financial services. (2) Matters studied.--The study required under paragraph (1) shall include consideration of-- (A) the changes underway in the national and international economies and the financial services industry, and the impact of such changes on the ability of the financial services system to efficiently meet the needs of the United States economy and the users of the system during the next 10 years and beyond; (B) the extent to which Federal administrative and legislative policies-- (i) achieve consumer protection objectives; (ii) promote competition and prevent anticompetitive acts and practices or undue concentration; (iii) ensure that financial services are delivered in a nondiscriminatory and cost- efficient manner; and (iv) ensure access to the financial services system for users of the system, regardless of where such users are located; and (C) the extent to which Federal administrative and legislative policies are meeting their objectives in the most cost-effective and efficient manner possible. (3) Consultation.--Consultation in accordance with this paragraph means consultation with-- (A) the Board of Governors of the Federal Reserve System; (B) the Director of the Office of Thrift Supervision; (C) the Chairperson of the Federal Deposit Insurance Corporation; (D) the Comptroller of the Currency; (E) the Secretary of the Treasury; (F) the Securities Exchange Commission; (G) the Commodities Futures Trading Commission; (H) the Director of the Congressional Budget Office; and (I) the Comptroller General of the United States. (b) Recommendations.--Based on the results of the study conducted under subsection (a), the Commission shall develop specific recommendations on how the Federal Government can improve the operation of the United States financial services system, including whether or not any changes are needed in the legislative and administrative policies that impact on-- (1) the ability of the Board of Governors of the Federal Reserve System to effectively conduct monetary policy; (2) the ability of the financial services system, or any part thereof, to respond to the needs of users of the system; (3) the systematic safety of the financial services system; (4) the cost to participants in the financial services system of providing financial services to users of the system; (5) the competitiveness of the various providers of financial services; (6) how funds are allocated to the financial services system; and (7) how funds are allocated by the financial services system to users of the system or to specific categories of users. (c) Report.--Not later than January 20, 1995, the Commission shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report describing the activities of the Commission, including the study conducted under subsection (a) and any recommendations developed under subsection (b). SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (b) Obtaining Official Data.--The Commission may secure directly from any Federal department or agency such information (other than information required by any statute of the United States to be kept confidential by such department or agency) as the Commission considers necessary to carry out its duties under this section. Upon the request of the Chairperson, the head of that department or agency shall furnish such nonconfidential information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Federal Employees.--Upon the request of the Chairperson, any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Administrative Support Services.--Upon the request of the Chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date of submission of the report required under section 3(c). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

National Commission on Financial Services Act - Establishes the National Commission on Financial Services to study and report to the President and the Congress on the strengths and weaknesses of the U.S. financial service system in meeting user needs. Authorizes appropriations.

National Commission on Financial Services Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Manufacturers Act''. SEC. 2. LIMITATION ON PRESIDENTIAL DISCRETION. Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) is amended-- (1) in subsection (a)-- (A) by inserting ``any'' before ``increased duties''; and (B) by striking ``, to the extent and for such period'' and all that follows to the end period and inserting ``recommended by the International Trade Commission''; (2) in subsection (e), in the second sentence, by striking ``agreed upon by either group'' and all that follows to the end period and inserting ``shall be considered an affirmative determination under subsection (b)''; (3) in subsection (f)-- (A) in the heading, by striking ``on Proposed Remedies'' and inserting ``for Relief''; (B) in the first sentence-- (i) by striking ``the President or Trade Representative may consider as'' and inserting ``is to be considered''; and (ii) by striking ``the Commission shall propose'' and inserting ``the Commission shall recommend''; and (C) in the second sentence, by striking ``proposed action'' and inserting ``recommended action''; (4) in subsection (g)(2)(B)-- (A) by striking ``or may be considered by the President or the Trade Representative as'' and inserting ``or if the determination is considered to be''; and (B) by striking ``on proposed remedies'' and inserting ``for relief''; (5) in subsection (h)-- (A) in the heading, by striking ``Proposed Measure and Recommendation to the President'' and inserting ``Recommended Relief and Report by Trade Representative''; (B) in paragraph (1)-- (i) by striking ``measure proposed by the Trade Representative to be taken pursuant to subsection (a)'' and inserting ``relief recommended by the Commission under subsection (f)''; and (ii) by striking ``proposed measure'' and inserting ``recommended relief''; (C) in paragraph (2), by striking ``on the measure proposed by the Trade Representative'' and all that follows to the end period and inserting ``, shall transmit a report to the President recommending what action to take under subsection (k)''; and (D) by adding at the end the following new paragraph: ``(3) The Trade Representative, after submitting a report to the President under paragraph (2), shall promptly make the report available to the public, excluding any proprietary or confidential information. The Trade Representative shall publish a summary of the report in the Federal Register.''; (6) in subsection (i)-- (A) in the flush sentence at the end of paragraph (1), by striking ``agreed upon by either group'' and all that follows to the end period and inserting ``shall be considered an affirmative determination of the Commission''; and (B) by striking paragraphs (2), (3), and (4), and inserting the following: ``(2) On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative or if the determinations are considered to be affirmative under paragraph (1), the Commission shall include in its report its recommendations on provisional relief to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the recommended provisional relief to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional relief referred to in this paragraph. ``(3) The provisional relief referred to in paragraph (2) may include-- ``(A) the imposition of or increase in any duty; ``(B) any modification, or imposition of any quantitative restriction on the importation of any article into the United States; or ``(C) any combination of actions under subparagraph (A) or (B). ``(4) If the determinations under paragraph (1) are affirmative or if the determinations are considered to be affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, transmit a report to the President recommending what action to take with respect to provisional relief under subsection (k). ``(5)(A) The President shall proclaim any provisional relief recommended by the Commission not later than 10 days after the date the President receives the report described in paragraph (4) from the Trade Representative. ``(B) Any provisional relief proclaimed by the President pursuant to a determination of critical circumstances shall remain in effect for a period not to exceed 200 days. ``(C) Provisional relief shall cease to apply upon the effective date of relief proclaimed under subsection (a), upon a decision by the President not to provide such relief under subsection (k), or upon a negative determination by the Commission under subsection (b).''; (7) in subsection (j)-- (A) in paragraph (1), by striking ``which the Trade Representative considers to be'' and inserting ``that is considered to be''; and (B) by striking paragraph (2) and inserting the following: ``(2) If no agreement is reached with the People's Republic of China pursuant to consultations under paragraph (1) in the time required for Presidential action under subsection (k), or if the President determines that an agreement reached pursuant to such consultations is not preventing or remedying the market disruption at issue in the time required for Presidential action under subsection (k), the President shall provide import relief in accordance with subsection (a).''; (8) in subsection (k)-- (A) in the heading, by striking ``Standard for Presidential Action'' and inserting ``Timing for Presidential Action; Exceptions''; (B) in paragraph (1), by striking ``a recommendation from the Trade Representative'' and all that follows to the end period and inserting ``a report from the Trade Representative under subsection (h)(2), the President shall, pursuant to subsection (a), proclaim the relief recommended by the Commission''; and (C) by amending paragraph (2) to read as follows: ``(2) The President may decline to proclaim relief pursuant to subsection (a), may proclaim relief pursuant to subsection (a) that differs from the relief recommended by the Commission, may decline to proclaim provisional relief pursuant to subsection (i), or may proclaim provisional relief pursuant to subsection (i) that differs from the relief recommended by the Commission-- ``(A) only in extraordinary cases; and ``(B) only if the President determines that providing relief or provisional relief pursuant to subsection (a) or (i) or providing the relief recommended by the Commission pursuant to subsection (a) or (i)-- ``(i) would have an adverse impact on the United States economy that clearly and significantly outweighs the benefits of such action; or ``(ii) would cause serious harm to the national security of the United States.''; (9) in subsection (l), by amending paragraph (1) to read as follows: ``(1) The President's decision under subsection (k) shall be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and shall be published in the Federal Register within 15 days of the decision. In the submission to the committees and in publication in the Federal Register, the President shall include the reasons for the decision and the scope and duration of any action taken. If the President takes action that differs from the action recommended by the Commission under subsection (f) or declines to take action pursuant to subsection (k)(2), the President shall state in detail the reasons for such action or inaction.''; (10) by redesignating subsections (m) through (o) as subsections (n) through (p), respectively; (11) by inserting after subsection (l) the following new subsection: ``(m) Implementation of Action Recommended by Commission.--(1) If the President takes action that differs from the action recommended by the Commission under subsection (f) or declines to take action pursuant to subsection (k)(2)(B)(i), the action recommended by the Commission under subsection (f) shall take effect (as provided in subsection (n)(2)) upon the enactment of a joint resolution described in paragraph (2) within the 90-day period beginning on the date on which the President's decision is transmitted to the Congress pursuant to subsection (l). ``(2) For purposes of this section, the term `joint resolution' means a joint resolution of the 2 Houses of the Congress, the sole matter after the resolving clause of which is as follows: `That the Congress does not approve the action taken by, or the determination of, the President under section 421 of the Trade Act of 1974, notice of which was transmitted to the Congress on ______.', with the blank space being filled with the appropriate case number and date. ``(3) The provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) shall apply to joint resolutions under this section.''; (12) in subsection (n), as redesignated, by striking ``Import relief under this section'' and all that follows to the end period and inserting the following: ``(1) Except as provided in paragraph (2), import relief under this section shall take effect not later than 15 days after the President's determination to provide such relief. ``(2) If the action recommended by the Commission takes effect pursuant to subsection (m), the President shall, within 15 days after the date of the enactment of the joint resolution referred to in subsection (m), proclaim the action recommended by the Commission under subsection (f). Such action shall take effect not later than 15 days after the date of the President's proclamation.''; (13) in subsection (o), as redesignated-- (A) in paragraph (1), by striking ``6-month'' and inserting ``1-year''; and (B) in paragraph (3), by inserting ``or (m)'' after ``subsection (k)''; and (14) in subsection (p), as redesignated-- (A) in paragraph (1), by inserting ``or (m)'' after ``subsection (k);''; and (B) in paragraph (3), by striking ``subsection (m)'' and inserting ``subsection (n)''.

Supporting America's Manufacturers Act - Amends the Trade Act of 1974 to require a recommendation from the International Trade Commission (ITC) before the President can impose increased duties or other import restrictions on an imported Chinese product that causes or threatens market disruption to a like U.S. product. Revises the authority of the President and the U.S. Trade Representative (USTR) to consider an equally divided ITC vote regarding a determination on the question of whether an imported Chinese product causes or threatens market disruption in the United States. Repeals the authority of the President and the TR to consider the determination of either group of equally divided Commissioners to be the ITC's determination. Requires such a deadlocked vote to be considered an affirmative ITC determination. Provides that if the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. Requires the USTR to make available promptly to the public reports recommending the President to take action, if any, to remedy market disruption. Revises requirements involving ITC determinations of critical circumstances and requests for provisional relief with respect to a Chinese product that causes or threatens market disruption to a like U.S. Product Requires the President to provide import relief from Chinese products that cause or threaten market disruption to a like U.S. product within a specified time if an agreement is not reached with the People's Republic of China (PRC) or if the President determines that an agreement reached with the PRC is not remedying the market disruption. Authorizes the President to provide import relief (including provisional relief in critical circumstances) that differs from that recommended by the ITC, or to deny such import relief only: (1) in extraordinary cases; and (2) if the President determines that providing such relief would have an adverse impact on the U.S. economy (as under current law) or would cause serious harm to U.S. national security. Requires the President's decision on import relief to be reported to specified congressional committees. Requires import relief recommended by the ITC to take effect upon enactment of a congressional joint resolution in the event that the President: (1) takes action that differs from that recommended by the ITC; or (2) declines to provide import relief (including that recommended by the ITC) because it would have an adverse impact on the U.S. economy

To amend the Trade Act of 1974 to provide for a limitation on presidential discretion with respect to actions to address market disruption.

SECTION 1. SHORT TITLE. This Act may be cited as the ``CFPB Constitutional Reform Act of 2017''. SEC. 2. REPLACING THE DIRECTOR WITH A 5-PERSON COMMISSION. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (1) in section 1011-- (A) by striking subsections (b), (c), and (d); (B) by redesignating subsection (e) as subsection (h); and (C) by inserting after subsection (a) the following new subsections: ``(b) Bureau Headed by a Commission.-- ``(1) In general.--The Bureau shall be headed by a commission, as provided under this subsection. ``(2) Composition of the commission.-- ``(A) In general.--The commission shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(i) are citizens of the United States; and ``(ii) have strong competencies and experiences related to consumer financial products and services. ``(B) Staggering.--The members of the commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. ``(C) Terms.-- ``(i) In general.--Except as provided under subparagraph (B), each member of the commission, including the Chair, shall serve for a term of 5 years. ``(ii) Removal.--The President may remove any member of the commission for inefficiency, neglect of duty, or malfeasance in office. ``(iii) Vacancies.--Any member of the commission appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(iv) Continuation of service.--Each member of the commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(v) Other employment prohibited.--No member of the commission shall engage in any other business, vocation, or employment. ``(c) Affiliation.--Not more than 3 members of the commission shall be members of any one political party. ``(d) Chair.-- ``(1) Appointment.--The Chair of the commission shall be appointed by the President from among the members of the commission. ``(2) Authority.--The Chair shall be the principal executive officer of the commission, and shall exercise all of the executive and administrative functions of the commission, including with respect to-- ``(A) the appointment and supervision of personnel employed under the commission (other than personnel employed regularly and full time in the immediate offices of members of the commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the commission; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the commission and by such regulatory decisions, findings, and determinations as the commission may by law be authorized to make. ``(e) No Impairment by Reason of Vacancies.--No vacancy in the members of the commission shall impair the right of the remaining members of the commission to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the commission because of vacancies in the commission, 2 members of the commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the commission because of vacancies in the commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of commission members to decline to 2. ``(f) Seal.--The Commission shall have an official seal. ``(g) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 4 other members of the commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code.''. SEC. 3. DEEMING OF NAME. Any reference in a law, regulation, document, paper, or other record of the United States to the Director of the Bureau of Consumer Financial Protection shall be deemed a reference to the Bureau of Consumer Financial Protection. SEC. 4. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--Except as provided under paragraph (2), the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) by striking ``Director of the Bureau'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting ``Bureau''; (B) by striking ``Director'' each place such term appears and inserting ``Bureau'', other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and (C) in section 1002, by striking paragraph (10). (2) Exceptions.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (B) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (C) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Bureau''; (D) in section 1017(c)(1), by striking ``Director and other''; (E) in section 1027(l)(1), by striking ``Director and the Bureau'' and inserting ``Chair and the Bureau''; and (F) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Bureau is''. (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended-- (1) in section 111(b)(1)(D), by striking ``Director of the Bureau'' and inserting ``Chair of the Bureau''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)) is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.) is amended by striking ``Director of the'' each place such term appears. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812) is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)) is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702) is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Chair of the Bureau of Consumer Financial Protection''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975 is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Bureau of Consumer Financial Protection;''; and (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604) is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended-- (1) by striking ``Director'' each place such term appears in headings and text and inserting ``Bureau''; (2) by striking ``director'' each place such term appears in headings and inserting ``Bureau''; and (3) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.

CFPB Constitutional Reform Act of 2017 This bill amends the Consumer Financial Protection Act of 2010 to revise the leadership structure of the Consumer Financial Protection Bureau (CFPB). Specifically, the bill replaces the CFPB's director and deputy director with a five-person commission.

CFPB Constitutional Reform Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Mississippi River National Historic Site Study Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) the Lower Mississippi area located south of New Orleans, Louisiana, which is known as ``Plaquemines Parish'', has great historical significance; (2) from the earliest Spanish explorers traveling along the banks of the Lower Mississippi River in the 1500s, to Robert de LaSalle claiming all of the land drained by the Lower Mississippi River in 1682, to the petroleum, fisheries, and transportation industries of today, the area is one of the most unique areas in the continental United States; (3) while, in 1699, the area became the site of the first fortification on the Lower Mississippi River, known as ``Fort Mississippi'', it has since been home to 10 different fortifications, more than a dozen lighthouses, and several wildlife refuges, quarantine stations, and pilot stations; (4) of particular interest to the area are-- (A) Fort St. Philip, originally built in 1749, at which, during the Battle of New Orleans, the British navy was blocked from going up river and a victory for the Colonial Army was ensured; and (B) Fort Jackson, built across from Fort St. Philip at the request of General Andrew Jackson and partially constructed by famous local Civil War General P.G.T. Beauregard, which was the site of the famous Civil War battle known as the ``Battle of the Forts'', which is also referred to as the ``night the war was lost''; (5) the area is-- (A) at the end of the longest continuous river road and levee system in the United States; and (B) a part of the River Road highway system; (6) lower Plaquemines Parish is split down the middle by the Mississippi River, surrounded on 3 sides by the Gulf of Mexico, and crossed by numerous bayous, canals, and ditches; (7) Fort Jackson and Fort St. Philip are located on-- (A) an ancient Head of Passes site; and (B) 1 of the most historic areas on the Lower Mississippi River known as ``Plaquemines Bend''; (8) the modern Head of Passes is only 21 miles south of Fort Jackson and Fort St. Philip where the Mississippi River splits into a bird foot delta to travel the last 20 miles to the Gulf of Mexico; (9) there are numerous geological features that are unique to a large river mouth or delta that could make a national park in the area a particularly intriguing attraction; (10) the coastal erosion, subsidence, river hydraulics, delta features, fresh, salt, and brackish water marshes, and other unique features of the area could be an effective classroom for the public on the challenges of protecting our river and coastal zones; (11) the area includes the beginning of the Mississippi River flyway, which is-- (A) 1 of the most pristine eco-sites in the United States; and (B) the site of 2 national wildlife refuges and 1 state wildlife refuge; (12) the area is culturally diverse in history, population, industry, and politics; (13) many well-known characters lived or performed deeds of great notoriety in the area; (14) in the area, Creoles, Europeans, Indians, Yugoslav, African-Americans, and Vietnamese all worked together to weave an interesting history of survival and success in a very treacherous environment; (15) the area has tremendous tourism potential, particularly for historical tourism and eco-tourism, because of the location, pristine ecosystems, and past indifference of the local government to promote tourism in the area; and (16) since Hurricane Katrina, the local government in the area has-- (A) passed a resolution strongly supporting a national park study; and (B) shown an interest in developing tourism in the area. SEC. 3. DEFINITIONS. In this Act: (1) Study area.-- (A) In general.--The term ``Study Area'' means the Lower Mississippi River area in the State of Louisiana. (B) Inclusions.--The term ``Study Area'' includes Fort St. Philip and Fort Jackson, the Head of Passes, and any related and supporting historical, natural, cultural, and recreational resources located in Plaquemines Parish, Louisiana. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. STUDY. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the State of Louisiana and interested groups and organizations, shall complete a special resource study that-- (1) evaluates-- (A) the national significance of the Study Area; and (B) the suitability and feasibility of designating the Study Area as a unit of the National Park System, to be known as the ``Lower Mississippi River National Park''; (2) includes cost estimates for the acquisition, development, operation, and maintenance of the Study Area; and (3) identifies alternatives for management, administration, and protection of the Study Area. (b) Criteria.--In conducting the study under subsection (a), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System under section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)). SEC. 5. REPORT. On completion of the study under section 4, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the findings and conclusions of the study; and (2) any recommendations of the Secretary. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Lower Mississippi River National Historic Site Act of 2008 - Directs the Secretary of the Interior, through the Director of the National Park Service (NPS), to complete a special resource study that evaluates the national significance of the Lower Mississippi River area in Louisiana and the suitability and feasibility of designating such area as a unit of the National Park System, which shall be known as the "Lower Mississippi River National Park."

A bill to direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Database Investment and Intellectual Property Antipiracy Act of 1996''. SEC. 2. DEFINITIONS. ``Change of commercial significance'' means a change that a reasonable user of a database would regard as affecting the quality, quantity or value of contents of that database as a whole. ``Commerce'' means all commerce that may lawfully be regulated by Congress. ``Database'' means a collection, assembly or compilation, in any form or medium now or later known or developed, of works, data or other materials, arranged in a systematic or methodical way. ``Database maker'' means the natural or juristic person making a substantial investment, qualitatively or quantitatively, in the collection, assembly, verification, organization and/or presentation of the contents of the database. Unless provided otherwise by contract-- (1) where two or more persons qualify as the makers of a database, they are jointly the database maker; (2) where a database is made by employees within the scope of their employment, the employer is the database maker; and (3) where a database is made pursuant to special order or commission, the person who ordered or commissioned the database is the database maker. ``Database management information'' means the name and other identifying information of the database maker, the name and other identifying information of the database owner, and terms and conditions for extraction and use or reuse of the contents of the database. ``Database owner'' means the database maker or the natural or juristic person who is the database maker's successor in interest. ``Extraction'' means the permanent or temporary transfer of all or a substantial part of the contents of a database or of a copy or copies thereof. Such transfer may be to an identical or different medium, and by any means or in any form, now or later known or developed. ``Governmental entity'' means the United States Government, any State, any agency or instrumentality of either, and any officer or employee of any of the foregoing acting in his or her official capacity. ``Insubstantial part'' of a database means any portion of the contents of a database whose extraction, use or reuse does not diminish the value of the database, conflict with a normal exploitation of the database or adversely affect the actual or potential market for the database. ``Juristic person'' means any firm, corporation, union, association, non-profit institution, or other organization capable of suing and being sued in a court of law, but does not include a governmental entity. ``Place in commercial use'' means to use or reuse, or to authorize use or reuse, for direct or indirect commercial advantage or for financial gain. ``Person'' means any natural person, any juristic person, and any governmental entity. ``Use'' and ``reuse'' means making available all or a substantial part, qualitatively or quantitatively, of the contents of a database, or access to all or such substantial part, whether or not for direct or indirect commercial advantage or financial gain, by any means now known or later developed, including any of the following: (i) marketing, selling, or renting; (ii) in the form of permanent or temporary copies; or (iii) by distribution, any online or other form of transmission. SEC. 3. DATABASES SUBJECT TO THE ACT. (a) A database is subject to the Act if it is the result of a qualitatively or quantitatively substantial investment of human, technical, financial or other resources in the collection, assembly, verification, organization or presentation of the database contents, and (i) the database is used or reused in commerce; or (ii) the database owner intends to use or reuse the database in commerce. (b) A database otherwise subject to this Act shall remain subject, regardless of whether it is made available to the public or in commercial use; the form or medium in which it is embodied; or whether the database or any contents of the database are intellectual creations. (c) Except for a database made by a governmental entity, any database otherwise subject to this Act, is not excluded herefrom because its contents have been obtained from a governmental entity. (d) Computer programs are not subject to this Act, including without limitation any computer programs used in the manufacture, production, operation or maintenance of a database. However, the contents of a database otherwise subject to this Act remain subject, notwithstanding their direct or indirect incorporation in a computer program or other work. SEC. 4. PROHIBITED ACTS. (a) No person shall, without the authorization of the database owner-- (1) extract, use or reuse all or a substantial part, qualitatively or quantitatively, of the contents of a database subject to this Act in a manner that conflicts with the database owner's normal exploitation of the database or adversely affects the actual or potential market for the database; (2) engage, notwithstanding section 5(a), in the repeated or systematic extraction, use or reuse of insubstantial parts, qualitatively or quantitatively, of the contents of a database subject to this Act in a manner that cumulatively conflicts with the database owner's normal exploitation of the database or adversely affects the actual or potential market for the database; or (3) procure, direct or commission any act prohibited by subsections (i) or (ii). (b) Acts that conflict with a normal exploitation of the database or adversely affect the actual or potential market for the database include but are not limited to the extraction, use or reuse of all or a substantial part of the contents of a database-- (1) in a product or service that directly or indirectly competes in any market with the database from which it was extracted; or (2) in a product or service that directly or indirectly competes in any market in which the database owner has a demonstrable interest or expectation in licensing or otherwise using or reusing the database; or (3) in a product or service for customers who might otherwise reasonably be expected to be customers for the database; or (4) by or for multiple persons within an organization or entity in lieu of the authorized additional use or reuse (by license, purchase or otherwise) of copies of the database by or for such persons. SEC. 5. EXCEPTIONS TO PROHIBITED ACTS. (a) Subject to section 4(a)(ii), a lawful user of a database made available to the public or placed in commercial use is not prohibited from extracting, using or reusing insubstantial parts of its contents, qualitatively or quantitatively, for any purposes whatsoever. (b) Nothing in this Act shall in any way restrict any person from independently collecting, assembling or compiling works, data or materials from sources other than a database subject to this Act. SEC. 6. DURATION OF PROHIBITIONS. (a) A database becomes subject to this Act when the necessary investment has been made to qualify its maker as such under section 2. The database shall remain subject to this Act for a period of twenty- five years from the first of January following the date when it was first made available to the public or the date when it was first placed in commercial use, whichever is earlier. (b) Any change of commercial significance, qualitatively or quantitatively, to a database, including any such change through the accumulation of successive additions, deletions, reverifications, alterations, modifications in organization or presentation, or other modifications, shall make the resulting database subject to this Act for its own term, as calculated under subsection (a). SEC. 7. CIVIL REMEDIES FOR VIOLATION OF SECTION 4. (a) Civil Actions.--A database owner injured by a violation of section 4 may bring a civil action for such a violation in an appropriate United States district court without regard to the amount in controversy: Provided however, That any action against a State governmental entity may be brought in any court that has jurisdiction over claims against such entity. (b) Temporary and Permanent Injunctions.--Any court having jurisdiction of a civil action arising hereunder shall have the power to grant temporary and permanent injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent the violation of section 4. Any such injunction granted upon hearing, after notice to the party sought to be enjoined, by any district court of the United States, may be served on the party against whom such injunction is granted anywhere in the United States where such person may be found, and shall be operative and may be enforced by proceedings in contempt or otherwise by any United States district court having jurisdiction over such party. (c) Impoundment.--At any time while an action hereunder is pending, the court may order the impounding, on such terms as it deems reasonable, of all copies of contents of databases extracted and or used or reused in violation of section 4, and of all masters, tapes, disks, diskettes, or other articles by means of which such copies may be reproduced. The court may, as part of a final judgment or decree finding a violation of section 4, order the remedial modification or destruction of all copies of contents of databases extracted, used or reused in violation of section 4, and of all masters, tapes, disks, diskettes, or other articles by means of which such copies may be reproduced. (d) Monetary Relief.--When a violation of section 4 has been established in any civil action arising hereunder, the plaintiff shall be entitled, subject to principles of equity, to recover (i) defendant's profit, (ii) any damages sustained by the plaintiff, and (iii) the costs of the action. The court shall assess such profits or damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive, the court may in its discretion enter judgment for such sum as it finds just. The court in its discretion may award reasonable attorney fees to the prevailing party. (e) Subsections (b) and (c) shall not apply to any action against the United States Government. (f) The relief provided under this section shall be available against a State governmental entity to the extent allowed by applicable law. SEC. 8. CRIMINAL OFFENSES AND PENALTIES FOR VIOLATION OF SECTION 4. (a) Any person who violates section 4 willfully, and-- (1) does so for direct or indirect commercial advantage or financial gain; or (2) thereby causes loss or damage to a database owner aggregating $10,000 or more in any one-year calendar period, shall be punished as provided in subsection (b). (b) An offense under subsection (a) shall be punishable by a fine of not more than $250,000 or imprisonment for not more than five years, or both. A second or subsequent offense under subsection (a) shall be punishable by a fine of not more than $500,000, imprisonment for not more than ten years, or both. SEC. 9. RELATIONSHIP TO OTHER LAWS. (a) The remedies against violations hereunder shall be without prejudice to any remedies under any copyright that may subsist in the database, any contents of the database, or the selection, coordination or arrangement of such contents. Such remedies shall not limit, impair, or otherwise affect the existence, scope or duration of protection under any such copyright. (b) Nothing in this Act shall restrict the rights of parties freely to enter into licenses or any other contracts with respect to databases or their contents. (c) Nothing in this Act shall prejudice provisions concerning copyright, rights related to copyright or any other rights or obligations in the database or its contents, including laws in respect of patent, trademark, design rights, antitrust or competition, trade secrets, data protection and privacy, access to public documents, and the law of contract. SEC. 10. CIRCUMVENTION OF DATABASE PROTECTION SYSTEMS. No person shall import, manufacture or distribute any device, product, or component incorporated into a device or product, or offer or perform any service, the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise circumvent, without the authority of the database owner or the law, any process, treatment, mechanism or system which prevents or inhibits the extraction, use or reuse of the contents of the database in violation of section 4 hereof. SEC. 11. INTEGRITY OF DATABASE MANAGEMENT INFORMATION. (a) False Database Management Information.--No person shall knowingly provide database management information that is false, or knowingly publicly distribute or import for public distribution database management information that is false. (b) Removal or Alteration of Database Management Information.--No person shall, without authority of the database owner or the law, (i) knowingly remove or alter any database management information, (ii) knowingly distribute or import for distribution database management information that has been altered without authority of the database owner or the law; or (iii) knowingly distribute or import for distribution copies of a database from which database management information has been removed without the authority of the database owner or the law. SEC. 12. CIVIL REMEDIES FOR VIOLATION OF SECTIONS 10 OR 11. (a) Civil Actions.--Any person injured by a violation of section 10 or section 11 may bring a civil action for such violation in an appropriate United States district court, without regard to the amount in controversy: Provided, however, That any action against a State governmental entity may be brought in any court that has jurisdiction over claims against such entity. (b) Powers of the Court.--In an action brought under subsection (a), the court-- (1) may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain a violation; (2) at any time while an action is pending, may order the impounding, on such terms as it deems reasonable, of any device or product that is in the custody or the control of the alleged violator and that the court has reasonable cause to believe was involved in a violation; (3) may award damages under subsection (c); (4) in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof; (5) in its discretion may award reasonable attorney's fees to the prevailing party; and (6) may, as part of a final judgment or decree finding a violation, order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or has been impounded under subsection (ii). (c) Awards of Damages.-- (1) In general.--Except as otherwise provided in this Act, a violator is liable for either (A) the actual damages and any additional profits of the violator, as provided by subsection (ii), or (B) statutory damages, as provided by subsection (iii). (2) Actual damages.--The court shall award to the complaining party the actual damages suffered by him or her as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered. (3) Statutory damages.-- (A) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 10 in the sum of not less than $200 or more than $2,500 per device, product, offer or performance of service, as the court considers just. (B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 11 in the sum of not less than $2,500 or more than $25,000. (4) Repeated violations.--In any case in which the injured party sustains the burden of proving, and the court finds, that a person has violated section 10 or 11 within three years after a final judgment was entered against that person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just. (5) Innocent violations.--The court in its discretion may reduce or remit altogether the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation. (d) Subsections (b) (i) and (ii) shall not apply to any action against the United States Government. (e) The relief provided under subsection (b) shall be available against a State governmental entity to the extent allowed by applicable law. SEC. 13. CRIMINAL OFFENSES AND PENALTIES FOR VIOLATION OF SECTION 11. Any person who violates section 11 with intent to defraud shall be fined not more than $500,000 or imprisoned for not more than five years, or both. SEC. 14. LIMITATIONS ON ACTIONS. No action shall be maintained under this Act unless it is commenced within three years after the database owner knew or should have known of the claim. SEC. 15. EFFECTIVE DATE. (a) This Act shall take effect immediately upon enactment, and shall be applicable to acts committed on or after that date. (b) No person shall be liable under this Act for use or reuse of database contents lawfully extracted from a database, prior to the effective date of this Act, by that person or by that person's predecessor in interest.

Database Investment and Intellectual Property Antipiracy Act of 1996 - Specifies that a database is subject to this Act if it is the result of a substantial investment of human, technical, financial, or other resources in the collection, assembly, verification, organization, or presentation of the database contents and the database is used or reused in commerce. (Sec. 4) Prohibits, without the owner's authorization: (1) extracting, using, or reusing all or a substantial part of the contents of a database in a manner that conflicts with the owner's normal exploitation of, or that adversely affects the actual or potential market for, the database (normal exploitation); (2) engaging in the repeated or systematic extraction, use, or reuse of insubstantial parts of the contents in a manner that cumulatively conflicts with the owner's normal exploitation; or (3) procuring, directing, or committing any such prohibited act. (Sec. 5) Allows a lawful user of a database made available to the public or placed in commercial use to extract, use, or reuse insubstantial parts of its contents, subject to specified limitations. (Sec. 6) Specifies that: (1) a database becomes subject to this Act when the necessary investment has been made to qualify its maker as such, and shall remain subject to this Act for a 25-year period; and (2) any change of commercial significance to a database shall make the resulting database subject to this Act for the applicable term. (Sec. 7) Provides civil remedies for violation of section 4. (Sec. 8) Sets penalties for willfully violating section 4 for direct or indirect commercial advantage or financial gain, or thereby causing loss or damage to an owner aggregating $10,000 or more in any one-year calendar period. (Sec. 10) Prohibits circumventing, without the authority of the owner or the law, database protection systems. (Sec. 11) Prohibits knowingly: (1) providing, or publicly distributing or importing for public distribution, false database management information; and (2) removing or altering database management information without authority of the owner or the law. (Sec. 12) Authorizes civil actions by persons injured by violations of section 10 or 11. (Sec. 13) Sets penalties for violations of section 11 with intent to defraud. (Sec. 14) Bars any action under this Act unless commenced within three years after the owner knew or should have known of the claim.

Database Investment and Intellectual Property Antipiracy Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Medical Resident Training in Community Hospitals Act of 2016''. SEC. 2. MEDICARE GME TREATMENT OF HOSPITALS ESTABLISHING NEW MEDICAL RESIDENCY TRAINING PROGRAMS AFTER HOSTING MEDICAL RESIDENT ROTATORS FOR SHORT DURATIONS. (a) Redetermination of Approved FTE Resident Amount.--Section 1886(h)(2)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is amended-- (1) by inserting ``(i)'' before ``In the case of''; and (2) by adding at the end the following: ``(ii) In applying this subparagraph to a hospital that has not entered into a GME affiliation agreement (as defined by the Secretary for purposes of paragraph (4)(H)(ii)), the Secretary shall not provide for the establishment of an FTE resident amount until such time as the Secretary determines that the hospital has a medical residency training program that trains more than 1.0 full-time-equivalent resident in a cost reporting period. ``(iii) In the case of a hospital with an approved FTE resident amount-- ``(I) based on the training of less than 1.0 full-time-equivalent resident before October 1, 1997, or ``(II) based on the training of no more than 3.0 full-time-equivalent residents in a new medical residency training program in any cost reporting period beginning on or after October 1, 1997, and before the date of the enactment of this clause, the Secretary shall provide the hospital an opportunity to have a new FTE resident amount established when the hospital begins training at least 1.0 full-time equivalent resident (in the case of a hospital described in subclause (I)) or more than 3.0 full-time- equivalent residents (in the case of a hospital described in subclause (II)) for cost reporting periods beginning on or after the date of the enactment of this clause and in accordance with the methodology under the rules in effect as of October 1, 2015.''. (b) Redetermination of FTE Resident Limitation.--Section 1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)(i)) is amended-- (1) by inserting ``(I)'' before ``The Secretary''; and (2) by adding at the end the following: ``(II) Under this clause the Secretary shall not determine an adjustment in the limitation applicable to a hospital under subparagraph (F) until the hospital trains more than 1.0 full-time equivalent resident in a new medical residency training program in a cost reporting period. ``(III) In the case of a hospital that has a limitation under subparagraph (F) of less than 1.0 full-time-equivalent resident as of the date of the enactment of this subclause based on training before October 1, 1997, under this clause the Secretary shall provide the hospital an opportunity to have a new adjustment in such limitation determined when such hospital begins training at least 1.0 full-time equivalent resident in accordance with the methodology applicable to hospitals under the rules in effect as of October 1, 2015, and applied for cost reporting periods beginning on or after the date of the enactment of this subclause. ``(IV) In the case of a hospital for which an adjustment in the limitation applicable to a hospital under subparagraph (F) is based on the training of no more than 3.0 full-time- equivalent residents in a new medical residency training program in a cost reporting period beginning on or after October 1, 1997, and before the date of the enactment of this subclause, the Secretary shall provide the hospital an opportunity to have a new adjustment in such limitation determined when the hospital begins training more than 3.0 full-time-equivalent residents in accordance with the methodology applicable to hospitals under the rules in effect as of October 1, 2015, and applied for cost reporting periods beginning on or after the date of the enactment of this subclause.''. (c) Effective Date.--The amendments made by this section shall apply to payment under section 1886 of the Social Security Act (42 U.S.C. 1395ww) for cost reporting periods beginning on or after the date of the enactment of this Act.

Advancing Medical Resident Training in Community Hospitals Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to revise payment rules for graduate medical education (GME) costs with respect to a hospital that establishes a new medical residency training program. With respect to a hospital that has not entered into a GME affiliation agreement, the Centers for Medicare & Medicaid Services (CMS) shall establish the hospital's full-time equivalent (FTE) resident amount only after determining that the hospital's medical residency training program trains more than 1.0 FTE resident in a cost reporting period. In the case of a hospital with an approved FTE resident amount based on the training of no more than 1.0 FTE resident in a cost reporting period before October 1, 1997, or 3.0 FTE residents in a cost reporting period after that date, CMS shall provide the hospital an opportunity to have its FTE resident amount reestablished when the hospital begins training FTE residents in excess of the applicable threshold. Current law limits the number, subject to the application of certain adjustments, of FTE residents a hospital may have in allopathic and osteopathic medicine for purposes of Medicare payment. The bill specifies that CMS shall determine a hospital's limitation adjustment only after determining that the hospital's medical residency training program trains more than 1.0 FTE residents in a cost reporting period. In the case of a hospital with a limitation adjustment based on the training of no more than 1.0 FTE resident in a cost reporting period before October 1, 1997, or 3.0 FTE residents in a cost reporting period after that date, CMS shall provide the hospital an opportunity to have its adjustment re-determined when the hospital begins training FTE residents in excess of the applicable threshold.

Advancing Medical Resident Training in Community Hospitals Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Opportunity and Accountability Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Public investment in the transportation system of the United States is critical to ensuring equitable opportunities, mobility, and economic security and prosperity for all Americans. (2) To prevent and eliminate discrimination on the basis of race, color, or national origin related to Federal transportation funding, the Department of Transportation has issued regulations to effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which prohibit discrimination on the basis of race, color, or national origin, including actions that have the effect of discriminating against individuals of a particular race, color, or national origin. (3) Full enforcement of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and related regulations is necessary to establish accountability for recipients of Federal funds and to ensure that Federal funds are not spent in a manner that encourages, subsidizes, or results in discrimination on the basis of race, color, or national origin, directly or indirectly. (4) The absence of a private right of action to enforce Department of Transportation regulations that effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) would leave full vindication of the right to nondiscrimination solely to the Department of Transportation, which may fail to take necessary and appropriate action because of administrative delay, limited resources, or other reasons. (5) The decision of the Supreme Court in Alexander v. Sandoval, 532 U.S. 275 (2001), impairs protections against discrimination intended by Congress, denying a private right of action to redress conduct prohibited by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and related regulations. (6) Action by Congress to confirm the existence of an effective private right of action is necessary to ensure that victims of discrimination will have a remedy if they are excluded from, denied the benefits of, or subjected to discrimination by programs or activities receiving Federal financial assistance. (7) Without effective enforcement of equal opportunity and nondiscrimination statutes and regulations, transportation decisions and investments can directly or indirectly result in discriminatory outcomes, including residential segregation, population displacement, exclusion from transportation decisionmaking, disproportionately high rates of exposure to pollutants, and denial of equitable transportation benefits on the basis of race, color, or national origin. (8) Without effective oversight and monitoring of equal opportunity and nondiscrimination statutes and regulations, transportation decisions and investments can directly or indirectly result in the underemployment of racial and ethnic minority workers and the underrepresentation of disadvantaged business enterprises in Federal contracting. (9) The likelihood of owning an automobile varies by race, color, and national origin, with 24 percent of African-American households, 17 percent of Latino households, and 13 percent of Asian-American households not owning an automobile as compared to 7 percent of Caucasian households. (10) Reliance on public transportation varies by race, color, and national origin, as nearly 60 percent of all transit riders are people of color. (11) Public transportation investment decisions are significantly related to access to job opportunities for communities reliant on mass transit. (12) African-Americans, Latinos, and Asian-Americans are more likely to rely on mass transit to get to work and school than Caucasians and, in urban areas, people of color comprise 62 percent of all bus riders, 35 percent of all subway riders, and 29 percent of all commuter rail riders. (13) Exposure to pollutants associated with highway, freight facility, and other transportation investments varies by race, color, and national origin, with African-Americans and Latinos disproportionately exposed to harmful air pollutants associated with highways and freeways. (14) Only 6 percent of the roughly 8,000,000 people employed in the construction industry are African-American, which results in African-American workers being less likely to be hired on transportation projects. (15) Racial and ethnic minorities are underrepresented in transportation decisionmaking bodies, as 88 percent of the voting members of the 50 largest metropolitan planning organizations in the United States are Caucasian, 7 percent are African-American, 3 percent are Latino, and one percent are Asian or Pacific Islander, and minorities are underrepresented in State departments of transportation in almost all workforce categories, including the officials and administrators who lead those organizations and make hiring decisions. SEC. 3. ENFORCEMENT RELATING TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. (a) Administrative Enforcement.-- (1) In general.--The Secretary of Transportation shall enhance monitoring, enforcement, and technical assistance activities carried out by the Department of Transportation to ensure the compliance of recipients of Federal financial assistance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2012 through 2016. (b) Private Right of Action.-- (1) Purpose.--It is the purpose of this subsection to clarify that there is a private right of action to enforce the regulations of the Department of Transportation issued to effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2) In general.--Any person aggrieved by the failure of a recipient of Federal financial assistance to comply with any regulation, or part thereof, that prohibits discrimination and was issued by the Secretary of Transportation to effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) may bring a civil action in any Federal or State court of competent jurisdiction. (3) Recovery with respect to intentional discrimination.-- In an action brought by an aggrieved person pursuant to paragraph (2) based on evidence of intentional discrimination, the aggrieved person may recover equitable and legal relief, reasonable attorney's fees (including expert fees), and costs. (4) Recovery with respect to discrimination based on disparate impact.--In an action brought by an aggrieved person pursuant to paragraph (2) based on evidence of disparate impact, the aggrieved person may recover equitable relief, reasonable attorney's fees (including expert fees), and costs. (5) Waiver of state immunity.--As a condition of receiving Federal financial assistance from the Department of Transportation, a State waives immunity under the 11th Amendment of the Constitution of the United States with respect to a civil action brought in Federal court under paragraph (2). (6) Relationship to other law.--Nothing in this subsection may be interpreted to restrict or deny any other right, private right of action, privilege, remedy, or protection expressly or implicitly conferred by any other provision of law, including any regulation. SEC. 4. TRANSPORTATION EQUITY RESEARCH PROGRAM. (a) In General.--The Secretary of Transportation shall carry out research and demonstration activities relating to the impact of transportation planning, investment, and operations on low-income and minority populations, including populations that are transit dependent. (b) Required Activities.--Research and demonstration activities carried out under subsection (a) shall include activities to assist the development of-- (1) strategies to advance equitable economic and community development in low-income and minority communities; (2) strategies to increase the participation of low-income and minority communities in transportation planning and decisionmaking; (3) training programs that promote equitable employment opportunities for low-income and minority individuals with respect to federally funded transportation projects; and (4) research techniques for and data on the impact of transportation policy on individuals without an automobile and other vulnerable populations, including with respect to disaster preparedness and response, public health, and land use. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2012 through 2016. SEC. 5. EQUAL OPPORTUNITY ASSESSMENT. (a) In General.--In accordance with this section, the Secretary of Transportation shall assess, throughout the United States, the extent to which nondiscrimination and equal opportunity exist in the construction and operation of federally funded transportation projects, programs, and activities. (b) Supporting Information.--In conducting the assessment under subsection (a), the Secretary shall-- (1) review all demographic data, discrimination complaints, reports, and other relevant information collected or prepared by a recipient of Federal financial assistance or the Department of Transportation pursuant to an applicable civil rights statute, regulation, or other obligation; and (2) coordinate with the Secretary of Labor, as necessary, to obtain information regarding equitable employment and contracting opportunities. (c) Report.--Not later than 4 years after the date of enactment of this Act, and every 4 years thereafter, the Secretary shall submit to Congress and publish on the Web site of the Department of Transportation a report on the results of the assessment under subsection (a), which shall include the following: (1) A specification of the impediments to nondiscrimination and equal opportunity in federally funded transportation projects, programs, and activities. (2) Recommendations for overcoming the impediments specified under paragraph (1). (3) Information upon which the assessment is based. (d) Collection and Reporting Procedures.-- (1) Public availability.--The Secretary shall ensure, to the extent appropriate, that all information reviewed or collected for the assessment under subsection (a) is made available to the public through the prompt and ongoing publication of the information, including a summary of the information, on the Web site of the Department of Transportation. (2) Regulations.--The Secretary shall issue regulations for the collection and reporting of information necessary to carry out this section. (e) Coordination.--In carrying out this section, the Secretary shall coordinate with the Director of the Bureau of Transportation Statistics, the Director of the Departmental Office of Civil Rights, the Secretary of Labor, and the heads of such other agencies as may contribute to the assessment under subsection (a). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2012 through 2016.

Transportation Opportunity and Accountability Act of 2011 - Directs the Secretary of Transportation (DOT) to ensure administrative compliance with title VI of the Civil Rights Act of 1964 prohibiting discrimination by recipients of federal transportation funding. Allows a person aggrieved by violation of such nondiscrimination regulations to bring a civil action in federal or state court for equitable or legal relief, including reasonable attorney's fees, expert fees, and costs. Directs the Secretary to carry out research and demonstration activities relating to the impact of transportation planning, investment, and operations on low-income and minority populations, including populations that are transit dependent. Directs the Secretary to assess the extent to which nondiscrimination and equal opportunity exist in the United States in the construction and operation of federally-funded transportation projects.

To prevent and remedy discrimination with respect to federally funded transportation projects, programs, and activities, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Renewable Energy Incentives Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXTENSION, MODIFICATION, AND EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE RESOURCES AND WASTE PRODUCTS. (a) Permanent Extension.-- (1) Paragraphs (1) and (2)(A)(i) of section 45(d) are each amended by striking ``, and before January 1, 2006''. (2) Section 45(d)(2)(A)(ii) is amended by striking ``before January 1, 2006, is originally placed in service and'' and insert ``is''. (3) Section 45(d)(3)(A) is amended-- (A) by striking ``owned by the taxpayer'', (B) by inserting ``owned by the taxpayer and'' in clause (i)(I) after ``is'', (C) by striking ``and before January 1, 2006'' in clause (i)(I), and (D) by striking ``originally placed in service before January 1, 2006'' in clause (ii) and inserting ``owned by the taxpayer''. (4) Paragraphs (4), (5), (6), and (7) of section 45(d) (relating to qualified facilities) are amended by striking ``and before January 1, 2006'' each place it appears. (b) Credit Rate.-- (1) Increase in credit rate.-- (A) In general.--Section 45(a)(1) is amended by striking ``1.5 cents'' and inserting ``1.9 cents''. (B) Conforming amendments.-- (i) Section 45(b)(2) is amended by striking ``1.5 cent'' and inserting ``1.9 cent''. (ii) Section 45(e)(2)(B) is amended by inserting ``(calendar year 2004 in the case of the 1.9 cent amount in subsection (a))'' after ``1992''. (2) Full credit rate for all facilities placed in service after date of enactment.--Section 45(b)(4)(A) (relating to credit rate) is amended by inserting ``and placed in service before the date of the enactment of the Renewable Energy Incentives Act'' after ``subsection (d)''. (c) Full Credit Period for All Facilities Placed in Service After Date of Enactment.--Section 45(b)(4)(B)(i) (relating to credit period) is amended by inserting ``and placed in service before the date of the enactment of the Renewable Energy Incentives Act'' after ``subsection (d)'' (d) Expansion of Qualified Resources.-- (1) In general.--Section 45(c)(1) (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting a comma, and by adding at the end the following new subparagraphs: ``(H) incremental geothermal energy production, and ``(I) incremental hydropower production.''. (2) Definition of resources.--Section 45(c) (relating to qualified energy resources and refined coal) is amended by adding at the end the following new paragraphs: ``(8) Incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any taxable year the excess of-- ``(i) the total kilowatt hours of electricity produced from an incremental geothermal facility described in subsection (d)(9), over ``(ii) the average annual kilowatt hours produced at such facility for 5 of the previous 7 calendar years before the date of the enactment of this paragraph after eliminating the highest and the lowest kilowatt hour production years in such 7-year period. ``(B) Special rule.--A facility described in subsection (d)(9) which was placed in service at least 7 years before the date of the enactment of this paragraph shall commencing with the year in which such date of enactment occurs, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average percentage decrease in the annual kilowatt hour production for the 7-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent. ``(9) Incremental hydropower production.-- ``(A) In general.--The term `incremental hydropower production' means for any taxable year an amount equal to the percentage of total kilowatt hours of electricity produced from an incremental hydropower facility described in subsection (d)(10) attributable to efficiency improvements or additions of capacity as determined under subparagraph (B). ``(B) Determination of incremental hydropower production.--For purposes of subparagraph (A), incremental hydropower production for any incremental hydropower facility for any taxable year shall be determined by establishing a percentage of average annual hydropower production at the facility attributable to the efficiency improvements or additions of capacity using the same water flow information used to determine an historic average annual hydropower production baseline for such facility. Such percentage and baseline shall be certified by the Federal Energy Regulatory Commission. For purposes of the preceding sentence, the determination of incremental hydropower production shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity.''. (3) Facilities.--Section 45(d) (relating to qualified facilities) is amended by adding at the end the following new paragraphs: ``(9) Incremental geothermal facility.--In the case of a facility using incremental geothermal to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before the date of the enactment of this paragraph, but only to the extent of its incremental geothermal production. In the case of a qualified facility described in the preceding sentence, the 10- year period referred to in subsection (a) shall be treated as beginning not earlier than such date of enactment. Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48. ``(10) Incremental hydropower facility.--In the case of a facility using incremental hydropower to produce electricity, the term `qualified facility' means any non-Federal hydroelectric facility owned by the taxpayer which is originally placed in service before the date of the enactment of this paragraph, but only to the extent of its incremental hydropower production. In the case of a qualified facility described in the preceding sentence, the 10-year period referred to in subsection (a) shall be treated as beginning not earlier than such date of enactment.''. (e) Credit Eligibility for Lessees and Operators Extended to All Facilities.--Paragraph (6) of section 45(d) is amended to read as follows: ``(6) Credit eligibility for lessees and operators.--In the case of any facility described in paragraph (1), (4), (5), (6), (7), (9), or (10), if the owner of such facility is not the producer of the electricity, the person eligible for the credit allowable under subsection (a) shall be the lessee or the operator of such facility.''. (f) Qualified Facilities With Co-production.--Section 45(b) (relating to limitations and adjustments) is amended by adding at the end the following: ``(5) Increased credit for co-production facilities.-- ``(A) In general.--In the case of a qualified facility described in any paragraph of subsection (d) (other than paragraph (8)) which adds a co-production facility after the date of the enactment of this paragraph, the amount in effect under subsection (a)(1) for an eligible taxable year of a taxpayer shall (after adjustment under paragraph (2) and before adjustment under paragraphs (1) and (3)) be increased by .25 cents. ``(B) Co-production facility.--For purposes of subparagraph (A), the term `co-production facility' means a facility which-- ``(i) enables a qualified facility to produce heat, mechanical power, chemicals, liquid fuels, or minerals from qualified energy resources in addition to electricity, and ``(ii) produces such energy on a continuous basis. ``(C) Eligible taxable year.--For purposes of subparagraph (A), the term `eligible taxable year' means any taxable year in which the amount of gross receipts attributable to the co-production facility of a qualified facility are at least 10 percent of the amount of gross receipts attributable to electricity produced by such facility.''. (g) Qualified Facilities Located Within Qualified Indian Lands.-- Section 45(b) (relating to limitations and adjustments), as amended by subsection (f), is amended by adding at the end the following: ``(6) Increased credit for qualified facility located within qualified indian land.--In the case of a qualified facility described in any paragraph of subsection (d) (other than paragraphs (1), (2) and (8)) which-- ``(A) is located within-- ``(i) qualified Indian lands (as defined in section 7871(c)(3)), or ``(ii) lands which are held in trust by a Native Corporation (as defined in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) for Alaska Natives, and ``(B) is operated with the explicit written approval of the Indian tribal government or Native Corporation (as so defined) having jurisdiction over such lands, the amount in effect under subsection (a)(1) for a taxable year shall (after adjustment under paragraphs (2) and (5) and before adjustment under paragraphs (1) and (3)) be increased by .25 cents.''. (h) Additional Modifications.-- (1) Treatment of persons not able to use entire credit.-- Section 45(e) (relating to additional definitions and special rules), as amended by subsection (a)(2), is amended by adding at the end the following new paragraph: ``(11) Treatment of persons not able to use entire credit.-- ``(A) Allowance of credit.-- ``(i) In general.--Except as otherwise provided in this subsection-- ``(I) any credit allowable under subsection (a) with respect to a qualified facility owned by a person described in clause (ii) may be transferred or used as provided in this paragraph, and ``(II) the determination as to whether the credit is allowable shall be made without regard to the tax- exempt status of the person. ``(ii) Persons described.--A person is described in this clause if the person is-- ``(I) an organization described in section 501(c)(12)(C) and exempt from tax under section 501(a), ``(II) an organization described in section 1381(a)(2)(C), ``(III) a public utility (as defined in section 136(c)(2)(B)), which is exempt from income tax under this subtitle, ``(IV) any State or political subdivision thereof, the District of Columbia, any possession of the United States, or any agency or instrumentality of any of the foregoing, or ``(V) any Indian tribal government (within the meaning of section 7871) or any agency or instrumentality thereof. ``(B) Transfer of credit.-- ``(i) In general.--A person described in subparagraph (A)(ii) may transfer any credit to which subparagraph (A)(i) applies through an assignment to any other person not described in subparagraph (A)(ii). Such transfer may be revoked only with the consent of the Secretary. ``(ii) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit described in clause (i) is assigned once and not reassigned by such other person. ``(iii) Transfer proceeds treated as arising from essential government function.-- Any proceeds derived by a person described in subclause (III), (IV), or (V) of subparagraph (A)(ii) from the transfer of any credit under clause (i) shall be treated as arising from the exercise of an essential government function. ``(C) Credit not income.--Any transfer under subparagraph (B) of any credit to which subparagraph (A)(i) applies shall not be treated as income for purposes of section 501(c)(12). ``(D) Treatment of unrelated persons.--For purposes of subsection (a)(2)(B), sales among and between persons described in subparagraph (A)(ii) shall be treated as sales between unrelated parties.''. (2) Credits not reduced by tax-exempt bonds or certain other subsidies.--Section 45(b)(3) (relating to credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits) is amended-- (A) by striking clause (ii), (B) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), (C) by inserting ``(other than any loan, debt, or other obligation incurred under subchapter I of chapter 31 of title 7 of the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), as in effect on the date of the enactment of the Renewable Energy Incentives Act, or proceeds of an issue of State or local government obligations the interest on which is exempt from tax under section 103)'' after ``project'' in clause (ii) (as so redesignated), and (D) by striking ``tax-exempt bonds,'' in the heading and inserting ``certain''. (3) Credit allowable against minimum tax without limitation.--Clause (ii) of section 38(c)(4)(B) (defining specified credits) is amended to read as follows: ``(ii) the credit determined under section 45 to the extent that such credit is attributable to electricity or refined coal produced at a facility which is originally placed in service after October 22, 2004.''. (4) Treatment of qualified facilities not in compliance with pollution laws.--Section 45(d) (relating to qualified facilities), as amended by subsection (d)(3), is amended by adding at the end the following: ``(11) Noncompliance with pollution laws.--For purposes of this subsection, a facility which is not in compliance with the applicable State and Federal pollution prevention, control, and permit requirements for any period of time shall not be considered to be a qualified facility during such period.''. (i) Effective Date.--The amendments made by this section shall apply to electricity and other energy produced and sold after the date of the enactment of this Act, in taxable years ending after such date.

Renewable Energy Incentives Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for the production of electricity from renewable resources; (2) increase the rate of such credit; (3) extend the 10 year credit period to all qualified energy facilities eligible for the credit; (4) include incremental geothermal energy production and incremental hydropower production as qualified energy resources for purposes of the credit; (5) increase the credit rate for co-production facilities and qualified facilities located within certain Indian and Alaskan Native Indian lands; (6) permit the transfer of tax credit amounts earned by certain tax-exempt entities to taxable entities; and (7) allow the credit to offset alternative minimum taxable income. Denies the tax credit for facilities which are not in compliance with applicable state and federal pollution prevention, control and permit requirements.

A bill to amend the Internal Revenue Code of 1986 to extend, modify, and expand the credit for electricity produced from renewable resources and waste products, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Care Workforce Empowerment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) direct care workers are the linchpin of the Nation's paid long-term care system, providing essential care and daily living services to more than 13 million elderly and disabled Americans; (2) the ability to meet the Nation's long-term care challenges depends largely on a strong, stable direct care workforce; (3) over \2/3\ of older adults will need some form of long- term care at some point in their lives; (4) the United States is experiencing a severe shortage of qualified direct care workers to provide personal and long-term care and support services; (5) according to the Bureau of Labor Statistics, direct care workforce occupations consist of nursing aides, home health aides, and personal and home care aides; (6) direct care work is demanding, working conditions are often difficult, and turnover is high because of low pay, lack of access to health insurance and other benefits, strenuous conditions, limited opportunities for advancement, inadequate training, and lack of respect; (7) direct care workers are often underpaid, with nearly 1 in 3 living near or below the poverty level, and more than 1 in 4 lacking health insurance; (8) the average annual income for direct care workers is $17,000, and 40 percent of direct care workers live in households that receive one or more public benefits such as food stamps or Medicaid; and (9) States have management information systems that are rarely set up to gather and report basic information about the direct care workforce that could be used to assess changes and challenges to the workforce. SEC. 3. LIMITATION TO EXEMPTION UNDER THE FAIR LABOR STANDARDS ACT. (a) Home Care Workers.--Section 13(a)(15) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amended to read as follows: ``(15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age, infirmity, or disability) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary);''. (b) Definition.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) The term `casual basis' means employment which is irregular or intermittent, and which is not performed by an individual whose vocation is the provision of babysitting or companionship services or an individual employed by an employer or agency other than the family or household using their services. Employment is not on a casual basis, whether performed for one or more family or household employers, if such employment for all such employers exceeds 20 hours per week in the aggregate.''. SEC. 4. DIRECT CARE WORKFORCE DATA COLLECTION AND MONITORING. (a) In General.--The Secretary of Health and Human Services shall establish a direct care workforce monitoring program to-- (1) facilitate the reporting of data by States about the direct care workforce and the sharing of such data among States, including tracking of best practices and cross-State comparisons; (2) enable the Centers for Medicare & Medicaid Services to better collect data across all long-term care settings for services financed through title XVIII or XIX of the Social Security Act (Medicare or Medicaid, respectively); (3) enable the Centers for Medicare & Medicaid Services (and any other agency designated by the Secretary) to provide guidance to States concerning the adequacy and quality of the States' reporting of data, waiver and renewal applications, and any provisions of or modifications to State plans regarding the direct care workforce, including by revising any data reporting forms and systems to ensure uniform and consistent State reporting; and (4) include, at a minium, the collection of direct care workforce data (which may be based on payroll data, taking into account services provided by agency or contract staff) on-- (A) schedule (both location and hours); (B) turnover; (C) tenure; (D) wages; (E) benefits; and (F) vacancies. (b) Advisory Council on Direct Care Workforce.-- (1) Establishment.--The Secretary, in consultation with the Secretary of the Labor, shall establish a National Advisory Council on the Direct Care Workforce (referred to in this section as the ``Council'') that shall be composed members to be appointed by the Secretary. (2) Duties.--The Council shall consult with, advise, and make recommendations to the Secretary with respect to the Secretary's administration of the program established under subsection (a). (3) Administrative provisions.--Members of the Council shall serve a term no longer than 5 years and be representative of diverse public and private sector expertise and interests, including representation from individuals with unique expertise on topics related to direct care services or the direct care workforce (including at least 1 individual with experience in providing direct care services in an institutional or facility based setting and 1 individual with experience in providing such services in a home or community-based setting), and from officials from the Department of Health and Human Services, the Department of Labor, and others as the Secretary determines appropriate. (c) Reports.--Not later than 3 years after the date of the enactment of this section, and periodically thereafter, as determined by the Secretary, the Secretary shall prepare and submit to the appropriate committees of Congress a report that-- (1) analyzes the existing direct care workforce data infrastructure; (2) analyzes the current and projected needs for the direct care workforce, including information on turnover and retention of workers; (3) makes recommendations for new or additional uniform data elements across regions and States that is necessary to track supply, demand, and workforce shortages related to the population served by direct care workers; (4) makes recommendations for improvement in the competency, education, and training standards for direct care workers; and (5) includes any other topics requested by the Secretary. SEC. 5. DIRECT CARE WORKER RECRUITMENT, RETENTION, AND EDUCATION GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Secretary of Health and Human Services shall award grants to States and other eligible entities to improve the recruitment, retention, and education of the direct care workforce. (2) Types of grants.--Of the amounts authorized under subsection (k), the Secretary shall award grants as follows: (A) $100,000 for the period of fiscal years 2011 through 2013 to each State to assist the State in developing its State direct care workforce plan. (B) The remainder of such amounts to States and other eligible entities on a competitive basis for the purposes described in subsection (b). (b) Use of Funds.--An eligible entity receiving a grant under this subsection (a)(2)(B) may use the grant to-- (1) expand and upgrade training programs and infrastructure for direct care workers; (2) implement or improve systems for the monitoring of and collection of data relating to the direct care workforce; (3) establish or expand recruitment and retention programs for direct care workers, including initiatives which improve the wages and benefits offered such workers; and (4) develop or expand programs that promote the role of direct care workers in new cost-effective models of providing care to people with chronic health conditions, disabilities, and other extended support needs, and include approaches such as remote monitoring, wellness, and prevention. (c) Grant Period.--The Secretary may award grants under this section for periods of not more than 3 years. The Secretary may extend the period of a grant under this section. Each such extension shall be for a period of not more than 3 years. (d) Application.-- (1) In general.--To apply for a grant under this section, an eligible entity shall submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. (2) Contents.--At a minimum, the Secretary shall require each such application to outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes. (e) Uniform Baseline Measures.--The Secretary shall require each grantee to establish uniform baseline measures in order to properly evaluate the impact of the work performed by the grantee under this section. (f) Supplement, Not Supplant.--Amounts provided to an eligible entity under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to improve the recruitment, retention, and education of the direct care workforce. (g) Termination Authority.--The Secretary may terminate selection of a grantee under this section for good cause. Such good cause shall include a determination that the grantee-- (1) has misappropriated funds provided under this section; or (2) has failed to make adequate progress toward accomplishing any goal set by the Secretary or included in the grantee's application. (h) Definitions.--In this section-- (1) the term ``eligible entity'' means a State or political subdivision of a State or any organization that is committed to accomplishing tasks set forth in subsection (b), whether in cooperation with a State, on its own initiative, or in partnership with any other organization; and (2) the term ``direct care worker'' means a worker (including a nursing aide, home health aide, or personal and home care aide) who provides care and personal assistance to people who are elderly, infirm, or living with a disability. (i) Reports and Audits.--Each eligible entity receiving a grant under this section shall submit to the Secretary of Health and Human Services a report of the activities carried out with grant funds. The Secretary may conduct periodic audits and request periodic spending reports of States receiving grants under this section. (j) Report.--Not later than 3 years after the date of making initial grants under this section, the Secretary shall prepare and submit to Congress a report that describes the effectiveness of the grants awarded under this section in achieving specific State goals, including the effectiveness of the programs funded by grants in reducing turnover rates in the direct care workforce. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Health and Human Services $25,000,000 for each of fiscal years 2011 through 2016, to carry out this section.

Direct Care Workforce Empowerment Act - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and maximum hour requirements any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who because of disability (or because of age or infirmity, as under current law) are unable to care for themselves. Directs the Secretary of Health and Human Services (HHS) to establish: (1) a direct care workforce monitoring program; and (2) a National Advisory Council on the Direct Care Workforce. Directs the Secretary to award three-year grants to states and other eligible entities to improve the recruitment, retention, and education of the direct care workforce.

A bill to amend the Fair Labor Standards Act with regard to certain exemptions under that Act for direct care workers and to improve the systems for the collection and reporting of data relating to the direct care workforce, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Violent Extremism Act of 2015'' or the ``CVE Act''. SEC. 2. AUTHORIZATION OF THE OFFICE FOR COUNTERING VIOLENT EXTREMISM OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new section: ``SEC. 104. OFFICE FOR COUNTERING VIOLENT EXTREMISM. ``(a) Establishment.--There is in the Department an Office for Countering Violent Extremism. The head of the Office shall be the Assistant Secretary for Countering Violent Extremism, who shall be appointed by the Secretary. The Secretary shall also appoint a career Deputy Assistant Secretary for Countering Violent Extremism. ``(b) Assignment of Personnel.--The Secretary shall assign or hire, as appropriate, permanent staff to the Office for Countering Violent Extremism. In carrying out this subsection, the Secretary shall, to the maximum extent practicable, seek to assign to or hire for the Office an individual who has a demonstrated background in technical matters, on and offline media, communications, or marketing. ``(c) Support.--The Secretary shall appoint within each appropriate component and office of the Department, including at a minimum, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Citizenship and Immigration Services, the Office of Privacy, the National Protection and Programs Directorate, the Office of Civil Rights and Civil Liberties, the Secret Service, and the Science and Technology Directorate, an individual to serve as liaison to the Office for Countering Violent Extremism. ``(d) Responsibilities.--The Assistant Secretary for Countering Violent Extremism shall be responsible for the following: ``(1) Coordinating the Department's activities to counter violent extremism across all the components and offices of the Department that conduct strategic and supportive activities to counter violent extremism. Such activities shall include the following: ``(A) Identifying risk factors that contribute to violent extremism in communities in the United States and potential remedies for use by Government and non- government institutions. ``(B) Identifying populations targeted by violent extremist propaganda, messaging, or recruitment. ``(C) Managing the outreach and engagement activities of the Department directed toward communities at risk for radicalization and recruitment for violent extremist activities. ``(D) Ensuring relevant information, empirically- valid research, and products inform activities to counter violent extremism. ``(E) Developing and maintaining a Department-wide strategy guiding policies and programs to counter violent extremism. Such strategy shall, at a minimum, address each of the following: ``(i) The Department's counter-messaging program pursuant to paragraph (2), including a plan to leverage new and existing Internet, digital, and other technologies and social media platforms to counter violent extremism, as well as the best practices and lessons learned of other Federal, State, local, tribal, territorial, nongovernmental, and foreign partners engaged in similar counter-messaging activities. ``(ii) The Department's countering violent extremism-related engagement and outreach activities. ``(iii) The use of cooperative agreements with State, local, tribal, territorial, and other Federal departments and agencies responsible for activities relating to countering violent extremism. ``(iv) Ensuring all activities related to countering violent extremism fully respect the privacy, civil rights, and civil liberties of all Americans. ``(v) The development of qualitative and quantitative outcome-based metrics to evaluate the Department's programs and policies to counter violent extremism. ``(F) Identifying and recommending new research and analysis requirements in consultation with the Under Secretary for Science and Technology and the Under Secretary for Intelligence and Analysis and ensure the dissemination of information and methods to Federal, State, local, tribal, and territorial countering violent extremism practitioners, officials, law enforcement, and non-governmental partners to utilize such research and analysis. ``(G) Assessing the methods used by violent extremists to disseminate propaganda and messaging to communities at risk for radicalization and recruitment. ``(2) Establishing a counter-messaging program to craft strategic counter-messages to the propaganda and messaging referred to in subparagraph (G) of paragraph (1) which shall-- ``(A) explore ways to utilize relevant Internet and other technologies and social media platforms; and ``(B) maximize other resources available to the Department, including utilizing hiring authorities available under law. ``(3) Serving as the primary representative of the Department in coordinating countering violent extremism activities with other Federal departments and agencies and non- governmental organizations. ``(4) Serving as the primary Department-level representative in coordinating with the Department of State on international countering violent extremism issues. ``(5) In coordination with the Administrator of the Federal Emergency Management Agency and the Officer for Civil Rights and Civil Liberties of the Department, providing guidance regarding the use of grants made to State, local, and tribal governments under sections 2003 and 2004 under the allowable uses guidelines related to countering violent extremism. ``(6) Coordinating with the Administrator of the Federal Emergency Management Agency to administer the grant program under subsection (f). ``(e) Memorandum of Understanding.--The Assistant Secretary for Countering Violent Extremism shall enter into a memorandum of understanding with the Administrator of the Federal Emergency Management Agency outlining the roles of the Assistant Secretary and the Administrator with respect to the administration of grants under sections 2003 and 2004 related to countering violent extremism. ``(f) Grant Program.-- ``(1) Establishment.--The Assistant Secretary for Countering Violent Extremism, in coordination with the Administrator of the Federal Emergency Management Agency and the Officer for Civil Rights and Civil Liberties of the Department, shall establish a grant program for eligible community groups and organizations to assist such groups and organizations in establishing counter-messaging campaigns targeting violent extremism. ``(2) Implementation plan.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Countering Violent Extremism, in coordination with the Administrator of the Federal Emergency Management Agency and the Officer for Civil Rights and Civil Liberties of the Department, shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an implementation plan for the grant program under this subsection, including eligibility criteria, application criteria, methodology for awarding grants, and a plan for monitoring and evaluating grant applications and awards. ``(3) Prohibition.--A community group or organization is not eligible for a grant under this subsection if such group or organization has knowingly funded violent extremist activities or organizations known to engage in such activities, as determined by the Assistant Secretary for Countering Violent Extremism, in coordination with the heads of other relevant Federal departments and agencies. ``(g) Annual Report.--The Assistant Secretary for Countering Violent Extremism shall submit to Congress an annual report for each of the next five fiscal years (beginning in the fiscal year that begins after the date of the enactment of this section) on the Office for Countering Violent Extremism. Each such report shall include the following: ``(1) A description of the status of the programs and policies of the Department for countering violent extremism in the United States, including the budget of the Department for countering violent extremism and the number of full-time employees dedicated to countering violent extremism programs, as well as the number of part-time employees supporting countering violent extremism programs. Each such budget shall include an accounting of all funding amounts for all departmental programs, initiatives, and personnel related to countering violent extremism. ``(2) A description of the activities of the Office to cooperate with and provide assistance to other departments and agencies. ``(3) The qualitative and quantitative outcome-based metrics under clause (v) of subsection (d)(1)(E) used for evaluating the success of such programs and policies and the steps taken to evaluate the success of such programs and policies. ``(4) A detailed summary of the organizations with which the Department conducted outreach to discuss countering violent extremism, an accounting of grants awarded by the Department to counter violent extremism, and an accounting of all training specifically aimed at countering violent extremism sponsored by the Department. ``(5) Details of the optimal level of personnel and funding for the Office. ``(6) An analysis of how the Department's activities to counter violent extremism correspond and adapt to the threat environment. ``(7) A summary of how civil rights and civil liberties are protected in the Department's activities to counter violent extremism. ``(8) An evaluation of the grant program under subsection (f), including information on the effectiveness of such grants in countering violent extremism. ``(9) A description of how the Office incorporated lessons learned from the countering violent extremism programs and policies of other Foreign departments and agencies, as well as foreign, State, local, tribal, and territorial governments and stakeholder communities. ``(h) Violent Extremism Defined.--In this section, the term `violent extremism' means ideologically motivated terrorist activities. ``(i) Authorization of Funding.--Out of funds made available to the Office of the Secretary, $10,000,000 is authorized to be used for the Office for Countering Violent Extremism for each of fiscal years 2016 through 2020, of which $6,000,000 shall be used to carry out the grant program under subsection (f). ``(j) Sunset.--This section shall terminate on the date that is five years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 103 the following new item: ``Sec. 104. Office for Countering Violent Extremism.''.

Countering Violent Extremism Act of 2015 or the CVE Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) the Office for Countering Violent Extremism, to be headed by an Assistant Secretary for Countering Violent Extremism. The Assistant Secretary is responsible for: coordinating DHS activities to counter violent extremism across all DHS components and offices that conduct strategic and supportive activities to counter such extremism; establishing a program to craft strategic counter-messages to propaganda and messaging disseminated by violent extremists to communities at risk for radicalization and recruitment; serving as the primary representative of DHS in coordinating countering violent extremism activities with other federal agencies and non-governmental organizations. serving as the primary DHS-level representative in coordinating with the Department of State on international countering violent extremism issues; and providing guidance, in coordination with the Federal Emergency Management Agency (FEMA) and the Officer for Civil Rights and Civil Liberties of DHS, regarding the use of grants made to state, local, and tribal governments under the allowable uses guidelines related to countering violent extremism. The Assistant Secretary shall enter into a memorandum of understanding with the Administrator of FEMA outlining the roles of the Assistant Secretary and the Administrator with respect to the administration of grants related to countering violent extremism. The Assistant Secretary, in coordination with the Administrator of FEMA and the Officer for Civil Rights and Civil Liberties of DHS, shall establish, and provide an implementation plan for, a grant program for eligible community groups and organizations to assist them in establishing counter-messaging campaigns targeting violent extremism. A community group or organization that has knowingly funded violent extremist activities or organizations known to engage in such activities is not eligible for such a grant. The Assistant Secretary shall submit to Congress an annual report for each of the next five fiscal years (beginning in the fiscal year that begins after the date of the enactment of this section) on the Office for Countering Violent Extremism. Each such report shall include: a description of the status of the programs and policies of the DHS for countering violent extremism in the United States; a description of the activities of the Office to cooperate with and provide assistance to other agencies; the qualitative and quantitative outcome-based metrics used for evaluating the success of such programs and policies and the steps taken to evaluate the success of such programs and policies; a detailed summary of the organizations with which DHS conducted outreach to discuss countering violent extremism, an accounting of grants awarded by DHS to counter violent extremism, and an accounting of all training specifically aimed at countering violent extremism sponsored by DHS; details of the optimal level of personnel and funding for the Office; an analysis of how DHS's activities to counter violent extremism correspond and adapt to the threat environment; a summary of how civil rights and civil liberties are protected in DHS's activities to counter violent extremism; an evaluation of the grant program, including the effectiveness of grants in countering violent extremism; and a description of how the Office incorporated lessons learned from the countering violent extremism programs and policies of other foreign agencies. Funds made available to the Office of the Secretary of DHS are authorized to be used for the Office for Countering Violent Extremism for each of FY2016-FY2020. This Act shall terminate five years after the enactment of this Act.

CVE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electricity Reliability Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States consumes over 1 billion tons of coal annually. Most of this coal is used to meet nearly one-half of the Nation's electricity needs. The remaining amount of coal is used to produce, among other things, steel, plastics, synthetic fibers, medicines, and coke. (2) On June 11, 2009, the Environmental Protection Agency and the Department of the Army issued a Memorandum on ``Enhanced Surface Coal Mining Pending Permit Coordination Procedures''. (3) As of March 2010, under these new procedures, the Environmental Protection Agency has unlawfully delayed Clean Water Act permits for 190 coal mining operations. (4) These 190 coal mining operations are expected to produce over 2 billion tons of coal (throughout the life of operations) and support roughly 17,806 new and existing jobs as well as 81 small businesses. (5) Due to the actions of the Environmental Protection Agency, roughly 1 in every 4 coal mining jobs in the Appalachian region is at risk of elimination, 81 small businesses will lose significant income and will be at risk of bankruptcy, and more than 2 years of the Nation's coal supply is in jeopardy. (6) By preventing the production and use of a 2-year supply of coal, the Environmental Protection Agency is putting electricity reliability for consumers at risk. (7) On April 1, 2010, Peter S. Silva, Assistant Administrator for the Office of Water, and Cynthia Giles, Assistant Administrator for the Office of Enforcement and Compliance Assistance, took further action to threaten jobs, harm small businesses, reduce electricity reliability, harm national security, and drive up energy prices by releasing detailed guidance on ``Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order''. (8) This guidance goes far beyond clarification and coordination and arrogates to the Environmental Protection Agency wholly new powers to supersede the authority of States under the Clean Water Act and the Surface Mining Control and Reclamation Act of 1977 (SMCRA), the authority of the Corps of Engineers (Corps) under the Clean Water Act, the authority of the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior (OSM) under SMCRA, and the authority of both the Corps and OSM under the National Environmental Policy Act of 1969. (9) The June 2009 memorandum and the April 2010 guidance meet the definition of a rulemaking under the Administrative Procedure Act because each is an ``agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy'' under section 551(4) of title 5, United States Code. (10) The Environmental Protection Agency has not gone through notice and comment rulemaking to prescribe the new policies set forth in the June 2009 memorandum or the April 2010 guidance in violation of the Administrative Procedure Act. (11) Any use of the June 2009 memorandum or the April 2010 guidance to review, delay, and veto Clean Water Act permits is unlawful. (12) The actions of the Environmental Protection Agency could cause drastic increases in the Nation's energy prices due to decreases in coal supply. (13) By preventing the United States from reducing our reliance on foreign sources of energy and by reducing our ability to produce energy domestically, the Environmental Protection Agency is harming national security. SEC. 3. LIMITATION ON USE OF FUNDS. None of the funds made available to the Environmental Protection Agency, the Corps of Engineers, or the Office of Surface Mining Reclamation and Enforcement for fiscal year 2010 or any fiscal year thereafter may be used to carry out, implement, administer, or enforce any policy or procedure set forth in-- (1) the memorandum issued by the Environmental Protection Agency and Department of the Army entitled ``Enhanced Surface Coal Mining Pending Permit Coordination Procedures'', dated June 11, 2009, or (2) the guidance issued by the Environmental Protection Agency entitled ``Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order'', dated April 1, 2010, until the Environmental Protection Agency, the Corps of Engineers, or the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, as appropriate under their existing statutory authorities, promulgates regulations for the implementation of such policy or procedure after providing notice and an opportunity for comment in accordance with subchapter II of chapter 5 of title 5, United States Code, popularly known as the Administrative Procedure Act.

Electricity Reliability Protection Act of 2010 - Prohibits the use of funds made available to the Environmental Protection Agency (EPA), the Corps of Engineers, or the Office of Surface Mining Reclamation and Enforcement (OSMRE) of the Department of the Interior to implement, administer, or enforce any policy or procedure set forth in either the memorandum entitled "Enhanced Surface Coal Mining Pending Permit Coordination Procedures" or the EPA guidance entitled "Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order," until the EPA, the Corps of Engineers, or OSMRE promulgates regulations to implement it after providing notice and an opportunity for comment in accordance with the Administrative Procedure Act.

A bill to protect electricity reliability by prohibiting the use of funds for carrying out certain policies and procedures that adversely affect domestic coal mining operations, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Wildland Firefighter Fairness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Single qualification and certification system. Sec. 3. Personnel flexibility relating to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Sec. 4. Extension of service limits for seasonal hires. Sec. 5. Civil service retention rights. Sec. 6. Computation of pay. SEC. 2. SINGLE QUALIFICATION AND CERTIFICATION SYSTEM. (a) Merging 2 Systems.--The Secretary of the Interior and the Secretary of Agriculture shall work with States and the Workforce Development Committee of the National Wildfire Coordinating Group to merge the Incident Qualification System and the Incident Qualification and Certification System into a single system by September 30, 2025. (b) Elimination of Bureau Add-On Requirements.--On and after October 1, 2021, the Secretary of the Interior and the Secretary of Agriculture may not require a person to demonstrate additional competencies to obtain, make use of, or maintain a qualification or certification for a fire position, regardless of which jurisdictional agency employs the person. SEC. 3. PERSONNEL FLEXIBILITY RELATING TO THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT. (a) Definition of Time-Limited Appointment.--Section 9601 of title 5, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) the term `time-limited appointment' includes-- ``(A) a temporary appointment and a term appointment, as defined by the Office of Personnel Management; ``(B) an appointment pursuant to section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)); and ``(C) an appointment pursuant to subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.).''. (b) Competitive Service; Time-Limited Appointments.--Section 9602 of title 5, United States Code, is amended-- (1) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively; (2) in subsection (a), in the matter preceding paragraph (1)-- (A) by striking ``Notwithstanding'' and inserting ``Appointments to Land Management Agencies.-- Notwithstanding''; and (B) by inserting ``described in section 9601(2)(A)'' after ``time-limited appointment''; (3) by inserting after subsection (a) the following: ``(b) Appointments Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service-- ``(1) an employee appointed under the authority described in section 9601(2)(B) and serving under a full-time, time- limited appointment is eligible to compete for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if-- ``(A) the employee has served under one or more time-limited appointments for at least 2 years without a break in service; and ``(B) the performance of the employee has been at an acceptable level of performance throughout the one or more time-limited appointment periods referred to in subparagraph (A); and ``(2) an employee appointed under the authority described in section 9601(2)(B) and serving under an intermittent, time- limited appointment is eligible for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if-- ``(A) the employee has served under one or more time-limited appointments; ``(B) the employee has been deployed at least 522 days; ``(C) the employee has not declined any deployments while in an `available' status; and ``(D) the performance of the employee has been at an acceptable level of performance throughout the one or more time-limited appointments referred to in subparagraph (A). ``(c) Appointments Under the National and Community Service Act of 1990.-- ``(1) Definition of employee.--Notwithstanding section 160(a) of the National and Community Service Act of 1990 (42 U.S.C. 12620(a)), in this subsection, the term `employee' includes individuals appointed under subtitle E of title I of that Act (42 U.S.C. 16211 et seq.). ``(2) Competition for permanent appointment.-- Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a member of the National Civilian Community Corps appointed under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.) who serves 2 consecutive terms is eligible to compete for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures during the 2-year period beginning on the date of the expiration of the appointment under section 160(a) of the National and Community Service Act of 1990 (42 U.S.C. 12620(a)), if the performance of the employee has been at an acceptable level of performance throughout the period.''; (4) in subsection (d) (as redesignated by paragraph (1)), by striking ``In determining'' and inserting ``Waiver of Age Requirements.--In determining''; (5) in subsection (e) (as redesignated by paragraph (1)), by striking ``An individual'' and inserting ``Tenure and Status.--An individual''; (6) in subsection (f) (as redesignated by paragraph (1)), in the matter preceding paragraph (1)-- (A) by striking ``A former'' and inserting ``Former Employees.--A former''; and (B) by inserting ``or the Federal Emergency Management Agency'' after ``management agency''; and (7) in subsection (g) (as redesignated by paragraph (1)), by striking ``The Office'' and inserting ``Regulations.--The Office''. SEC. 4. EXTENSION OF SERVICE LIMITS FOR SEASONAL HIRES. (a) Definitions.--In this section-- (1) the term ``covered Secretary'' means-- (A) the Secretary of the Interior; and (B) the Secretary of Agriculture; (2) the term ``Director'' means the Director of the Office of Personnel Management; and (3) the term ``pilot program'' means the pilot program established under subsection (b). (b) Pilot Program.--The Director shall establish a pilot program for seasonal or temporary Federal employees, the duties of which primarily involve being a firefighter. (c) Expansion of Service Year Limitations.--Under the pilot program, each covered Secretary may expand a service year limitation to enable a seasonal firefighter to be employed for a period that exceeds 1,040 hours in a given year if the covered Secretary determines the expansion to be necessary to stage fire crews earlier or later in a year to accommodate longer fire seasons. (d) Standards.--The Director, in cooperation with each covered Secretary, shall establish standards and guidelines for the pilot program. (e) Report.--Not later than 2 years after the date on which the pilot program is established, the Director shall submit a report that describes the use and impact of the pilot program to-- (1) the Committee on Energy and Natural Resources and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Natural Resources and the Committee on Oversight and Government Reform of the House of Representatives. (f) Termination.--The pilot program shall terminate on the date that is 5 years after the date on which the pilot program is established. SEC. 5. CIVIL SERVICE RETENTION RIGHTS. Section 8151 of title 5, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Regulations.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered employee' means an employee who-- ``(i) served in a position in the Forest Service or the Department of the Interior as a wildland firefighter; and ``(ii) sustained an injury while in the performance of duty, as determined by the Director of the Office of Personnel Management, that prevents the employee from performing the physical duties of a firefighter; ``(B) the term `equivalent position' includes a position for a covered employee that-- ``(i) allows the covered employee to receive the same retirement benefits under subchapter III of chapter 83 or chapter 84 that the covered employee would have received in the former position had the covered employee not been injured or disabled; and ``(ii) does not require the covered employee to complete any more years of service than the covered employee would have been required to complete to receive the benefits described in clause (i) had the covered employee not been injured or disabled; and ``(C) the term `firefighter' has the meaning given the term in section 8331. ``(2) Regulations.--Under regulations issued by the Office of Personnel Management-- ``(A) the department or agency that was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within 1 year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume the former position of the employee or an equivalent position, as well as all other attendant rights that the employee would have had, or acquired, in the former position of the employee had the employee not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures; ``(B) the department or agency that was the last employer shall, if the injury or disability is overcome within a period of more than 1 year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in the former position of the employee or an equivalent position within the department or agency, or within any other department or agency; and ``(C) a covered employee who was injured during the 20-year period ending on the date of enactment of the Wildland Firefighter Fairness Act may not receive the same retirement benefits described in paragraph (1)(B)(ii) unless the covered employee first makes a payment to the Forest Service or the Department of the Interior, as applicable, equal to the amount that would have been deducted from pay under section 8334 or 8442, as applicable, had the covered employee not been injured or disabled.''. SEC. 6. COMPUTATION OF PAY. (a) In General.--Section 8114 of title 5, United States Code, is amended by striking subsection (e) and inserting the following: ``(e) Overtime.-- ``(1) Definition.--In this subsection, the term `covered overtime pay' means pay received by an employee who serves in a position in the Forest Service or the Department of the Interior as a wildland firefighter while engaged in wildland fire suppression activity. ``(2) Overtime.--The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and covered overtime pay and premium pay under section 5545(c)(1) of this title are included as part of the pay, but account is not taken of-- ``(A) overtime pay; ``(B) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or ``(C) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2019.

Wildland Firefighter Fairness Act This bill requires the Departments of the Interior and Agriculture to work with states and the Workforce Development Committee of the National Wildfire Coordinating Group to merge the Incident Qualification System and the Incident Qualification and Certification System into a single system by September 30, 2025. The Office of Personnel Management shall establish a pilot program for seasonal or temporary federal employees, whose duties primarily involve being a firefighter. This bill allows wildland firefighters of the Forest Service or Interior who sustained injuries in the performance of their duties that prevent them from performing the physical duties of a firefighter, but who commence an equivalent federal position after receiving compensation for their work injuries, to retain the same retirement benefits that they would have received in their former position had they not been injured or disabled, without requiring them to complete any more years of service. Compensation for disability or death of Forest Service and Interior wildland firefighters must include overtime pay received for wildfire suppression activity.

Wildland Firefighter Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection From Coercive Employment Agreements Act''. SEC. 2. CIVIL RIGHTS ACT OF 1964. (a) In General.--Section 704 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3) is amended by adding at the end the following: ``(c) It shall be an unlawful employment practice for an employer to-- ``(1) fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because the individual refuses to submit any claim under this title to mandatory arbitration; or ``(2) make the submission of such claim to mandatory arbitration a condition of the hiring, continued employment, or compensation, or a term, condition, or privilege of employment, of the individual.''. (b) Federal Government Employment.--Section 717(a) of such Act (42 U.S.C. 2000e-16(a)) is amended by striking the period and inserting the following: ``, including any unlawful employment practice described in section 704(c).''. SEC. 3. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. (a) In General.--Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection (f) the following: ``(g) It shall be unlawful for an employer to-- ``(1) fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because the individual refuses to submit any claim under this Act to mandatory arbitration; or ``(2) make the submission of such claim to mandatory arbitration a condition of the hiring, continued employment, or compensation, or a term, condition, or privilege of employment, of the individual.''. (b) Federal Government Employment.--Section 15(a) of such Act (29 U.S.C. 633a(a)) is amended by striking the period and inserting the following: ``, including any unlawful practice described in section 4(g).''. SEC. 4. AMERICANS WITH DISABILITIES ACT OF 1990. Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended-- (1) in subsection (b)-- (A) at the end of paragraph (6), by striking ``and''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) conducting an act prohibited by subsection (c).''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: ``(c) Prohibition on Required Submission to Mandatory Arbitration.--No covered entity shall discriminate against a qualified individual with a disability-- ``(1) in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment, because the individual refuses to submit any claim under this title to mandatory arbitration; or ``(2) by making the submission of such claim to mandatory arbitration a condition of the eligibility to apply for employment, hiring, advancement, continued employment, employee compensation, or job training, or a term, condition, or privilege of employment, of the individual.''. SEC. 5. REHABILITATION ACT OF 1973. (a) Employment by Departments, Agencies, and Instrumentalities.-- Section 501(b) of the Rehabilitation Act of 1973 (29 U.S.C. 791(b)) is amended by inserting after the first sentence the following: ``Such plan shall include provisions prohibiting the department, agency, or instrumentality from conducting any discrimination prohibited under section 102(c) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(c)) with respect to a claim under this section.''. (b) Employment Under Federal Contracts.--Section 503(a) of the Rehabilitation Act of 1973 (29 U.S.C. 793(a)) is amended by inserting after the first sentence the following: ``Such contract shall include provisions prohibiting the party from conducting any discrimination prohibited under section 102(c) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(c)) with respect to a claim under this section.''. SEC. 6. REVISED STATUTES. Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) With respect to contracts relating to employment between such a person and another individual or entity, no such individual or entity shall-- ``(1) fail or refuse to hire or to discharge the person, or otherwise to discriminate against the person with respect to the compensation, terms, conditions, or privileges of employment of the person, because the person refuses to submit any claim under this section to mandatory arbitration; or ``(2) make the submission of such claim to mandatory arbitration a condition of the hiring, continued employment, or compensation, or a term, condition, or privilege of employment, of the person.''.

Protection From Coercive Employment Agreements Act - Amends the Civil Rights Act of 1964 and certain other civil rights laws to prohibit employers from requiring employees to submit employment discrimination claims to mandatory arbitration.

Protection From Coercive Employment Agreements Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Financial Efficiency Act of 2013''. TITLE I--FISCAL AND BUDGET EFFICIENCY SEC. 101. FISCAL YEAR FOR DISTRICT OF COLUMBIA. Section 441(b) of the District of Columbia Home Rule Act (sec. 1- 204.41, D.C. Official Code) is amended to read as follows: ``(b) Authorization To Establish Fiscal Year by Act of Council.-- The District may change the fiscal year of the District by an Act of the Council. If a change occurs, such fiscal year shall also constitute the budget and accounting year.''. SEC. 102. AVAILABILITY OF DISTRICT OF COLUMBIA LOCAL FUNDS UPON FAILURE BY CONGRESS TO ENACT LOCAL BUDGET. (a) In General.--Subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after section 446B the following new section: ``availability of local funds upon failure by congress to enact budget ``Sec. 446C. (a) Availability of Local Funds at Rate Established by Local Law if No Budget Enacted Prior to Beginning of District of Columbia Fiscal Year.-- ``(1) In general.--If, as of the first day of a fiscal year of the District of Columbia (as established under section 441), neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for the fiscal year is in effect, there is appropriated, out of any moneys of the government of the District of Columbia not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, the amount provided for any project or activity for which funds are provided in the local budget act for such fiscal year. ``(2) Rate of funding.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be at the rate of operations provided for such project or activity under the local budget act for such fiscal year. ``(3) Termination of period of availability.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cease to be available-- ``(A) during any period of the fiscal year in which a District of Columbia continuing resolution for the fiscal year is in effect; or ``(B) upon the enactment into law of the regular District of Columbia appropriation bill for such fiscal year. ``(b) Terms and Conditions.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made and funds made available for the preceding fiscal year, or the authority granted for such project or activity under the applicable law in effect at the time. ``(c) Period of Coverage.--An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Restrictions on Programs or Activities Subject to Other Appropriations Acts.--This section shall not apply to a project or activity during any period of a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(e) Protection of Other Obligations.--Nothing in this section shall be construed to effect obligations of the government of the District of Columbia mandated by other law. ``(f) Definitions.--In this section-- ``(1) the term `District of Columbia continuing resolution' means, with respect to a fiscal year, any joint resolution making continuing appropriations for the fiscal year which includes continuing appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District; ``(2) the term `local budget act' means, with respect to a fiscal year, the act of the Council adopting the annual budget for the District of Columbia government for such fiscal year, as submitted by the Mayor to the President for transmission to Congress pursuant to section 446; and ``(3) the term `regular District of Columbia appropriation bill' means, with respect to a fiscal year, an annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for the fiscal year for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(g) Effective Date.--This section shall apply with respect to fiscal year 2015 and each succeeding fiscal year.''. (b) Conforming Amendment.--Section 446 of such Act (sec. 1-204.46, D.C. Official Code) is amended by inserting ``section 446C,'' after ``section 446B,''. (c) Clerical Amendment.--The table of contents of subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after the item relating to section 446B the following: ``446C. Availability of local funds upon failure by Congress to enact budget.''. TITLE II--COMPENSATION OF CHIEF FINANCIAL OFFICER SEC. 201. INCREASE IN MAXIMUM COMPENSATION. (a) Maximum Compensation.--Section 424(b)(2)(E) of the District of Columbia Home Rule Act (sec. 1-204.24(b)(2)(E), D.C. Official Code) is amended to read as follows: ``(E) Pay.--The Chief Financial Officer shall be paid at a rate such that the total amount of compensation paid during any calendar year does not exceed an amount equal to the limit on total pay which is applicable during the year under section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such title.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act.

District of Columbia Financial Efficiency Act of 2013 - Amends the District of Columbia Home Rule Act to authorize a change of the District of Columbia fiscal year by an Act of the D.C. Council. Appropriates, out of any moneys of the District of Columbia government not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, the amount provided for any project or activity for which funds are provided in the local budget act for such fiscal year, if as of the first day of the District government fiscal year neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for such fiscal year is in effect. Declares that an appropriation and funds made available or authority granted for a project or activity for a fiscal year under this Act shall be at the rate of operations provided for it under the local budget act for the fiscal year. Terminates such an appropriation and the availability of those funds: (1) during any period of the fiscal year in which a District of Columbia continuing resolution for the fiscal year is in effect, or (2) upon enactment of the regular District of Columbia appropriation bill for such fiscal year. Specifies restrictions on programs or activities subject to other appropriations Acts. States that nothing in this Act shall be construed to effect obligations of the District government mandated by other law. Increases the salary of the District's Chief Financial Officer to a rate that does not exceed the total annual compensation payable to the Vice President (currently, that does not exceed the rate at level I of the Executive Schedule).

District of Columbia Financial Efficiency Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Obamacare Kickbacks Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Section 6402(f) of the Patient Protection and Affordable Care Act (Public Law 111-148) applies the civil penalties and damages for violations of the False Claims Act to kickbacks and other acts involving Federal health care programs that are subject to criminal penalties under section 1128B of the Social Security Act (42 U.S.C. 1320a-7b). (2) In guidance issued on November 4, 2013, by the Center for Consumer Information & Insurance Oversight (CCIIO) of the Centers for Medicare & Medicaid Services, the CCIIO stated that the ``Department of Health and Human Services (HHS) has broad authority to regulate the Federal and State Marketplaces (e.g. section 1321(a) of the Affordable Care Act)''. The November 4, 2013 statement from the CCIIO suggests that qualified health plans and other health care plans and programs established under title I of the Patient Protection and Affordable Care Act are similar to other Federal health care programs, such as the Medicare Advantage program, over which the Secretary of Health and Human Services also has broad regulatory authority. (3) The private health insurance issuers who offer qualified health plans through marketplaces established under the Patient Protection and Affordable Care Act and the private health insurance issuers that offer Medicare Advantage plans under the Medicare program both receive Federal dollars directly from the Federal Government, with the issuers of qualified health plans receiving Federal dollars through tax credit subsidies and the issuers of Medicare Advantage plans receiving payments from the Medicare Trust Funds. (4) The Federal Government facilitates applications for and enrollment in qualified health plans through the federally- facilitated marketplaces and State exchanges in a similar manner to the way the Federal Government facilitates applications for and enrollment in plans under the Medicare Advantage program and the Voluntary Prescription Drug Benefit Program through federally funded call centers, web portals, and consumer assistance personnel. (5) The Medicare Advantage program is a Federal health care program to which the anti-kickback provisions of section 1128B(b) of the Social Security Act and other prohibited acts involving Federal health care programs are subject to civil and criminal penalties under the Social Security Act as well as civil penalties under the False Claims Act. SEC. 3. CLARIFICATION OF APPLICATION OF ANTI-KICKBACK LAWS TO QUALIFIED HEALTH PLANS, MARKETPLACES, AND OTHER PLANS AND PROGRAMS UNDER PPACA. (a) In General.--Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-7b(f)(1)) is amended by inserting before the semicolon the following: ``, including any plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act (including the federally-facilitated marketplaces and State Exchanges, patient navigators, and related programs established by such Act, as well as any contract with an individual or entity hired by the Federal Government to facilitate enrollment in the federally-facilitated marketplaces)''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. SEC. 4. HHS OIG AND GAO JOINT STUDY AND REPORT. (a) Study.--The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall jointly conduct a study regarding the effect of applying the anti- kickback laws and other prohibited acts involving Federal health care programs to qualified health plans, federally-facilitated marketplaces and State Exchanges, and any other plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act. In conducting the study, the Inspector General and Comptroller General shall-- (1) identify all plans and programs that satisfy the definition of ``Federal health care program'' under section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)) (as amended by section 3(a)); (2) identify any entity or individual that would benefit from having qualified health plans, federally-facilitated marketplaces, and any other plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act excluded from the definition of ``Federal health care program'' under section 1128B(f) of the Social Security Act (as so amended); and (3) separately estimate with respect to each of the following, the impact of excluding qualified health plans, federally-facilitated marketplaces and State Exchanges, and any other plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act from the definition of ``Federal health care program'' under section 1128B(f) of the Social Security Act (as so amended): (A) Health care premiums (with and without non- federally funded subsidies). (B) Consumer choice in health insurance coverage. (C) The use of brand name versus generic drugs. (D) The net cost of the Patient Protection and Affordable Care Act to the Federal Government and to all States and territories. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall jointly submit a report to Congress on the results of the study conducted under subsection (a) that includes the information specified in paragraphs (1) through (3) of that subsection, together with such recommendations for legislative or administrative action as the Inspector General and Comptroller General determine appropriate.

No Obamacare Kickbacks Act of 2015 Applies prohibitions against, and criminal penalties for, false statements and kickbacks in part A (General Provisions) of title XI of the Social Security Act to plans and programs established or funded under the Patient Protection and Affordable Care Act, including qualified health plans, catastrophic plans, health benefit exchanges, reinsurance programs, the risk corridor program, patient navigators, and contracts with individuals or entities to facilitate enrollment in exchanges. Directs the Inspector General of the Department of Health and Human Services and the Government Accountability Office to jointly study and report to Congress on the effect of this Act.

No Obamacare Kickbacks Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Tax Termination Act''. SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Inclusion of Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection (a) of section 1414 of title 10, United States Code, is amended-- (1) by striking ``Compensation'' in the subsection heading and all that follows through ``Subject'' and inserting ``Compensation.--Subject''; (2) by striking ``qualifying service-connected disability'' and inserting ``service-connected disability''; and (3) by striking paragraph (2). (b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and Veterans' Disability Compensation.--Such section is further amended-- (1) in subsection (a), as amended by subsection (a) of this section, by striking the final sentence; (2) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d), as so redesignated, by striking paragraphs (3) and (4). (c) Inclusion of Disability Retirees With Less Than 20 Years of Service.--Subsection (b) of such section is amended-- (1) in paragraph (1), by striking ``member retired'' and inserting ``qualified retiree who is retired''; and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Disability retirees with less than 20 years of service.--The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member's retired pay under such chapter exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''. (d) Clerical Amendments.-- (1) Section heading.--The heading for such section is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (e) Conforming Amendment.--Section 1413a(f) of such title is amended by striking ``Subsection (d)'' and inserting ``Subsection (c)''. (f) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date. SEC. 3. AVAILABILITY OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES WITH LESS THAN 20 YEARS OF SERVICE. (a) Eligibility.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who_'' and all that follows through the end of paragraph (1) and inserting ``who_ ``(1) is entitled to retired pay (other than by reason of section 12731b of this title); and''. (b) Computation.--Paragraph (3) of subsection (b) of such section is amended-- (1) by striking ``In the case of'' and inserting the following: ``(A) In general.--In the case of''; and (2) by adding at the end the following new subparagraph: ``(B) Retirees with fewer than 20 years of service.--In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.

Disabled Veterans Tax Termination Act - Amends federal military retired pay provisions to: (1) permit veterans with a service-connected disability of less than 50% to claim both retired pay and disability compensation; (2) eliminate provisions requiring a phase in between January 1, 2004, and December 31, 2013, of concurrent receipt of retired pay and disability compensation; (3) provide a special reduction rule with respect to the concurrent receipt of retired pay and disability compensation in the case of disability retirees with less than 20 years of creditable service; and (4) extend combat-related special compensation to certain veterans with less than 20 years of service who have a combat-related disability.

To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans' disability compensation, to eliminate the phase-in period for concurrent receipt, to extend eligibility for concurrent receipt and combat-related special compensation to chapter 61 disability retirees with less than 20 years of service, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Hunger-Free Communities Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I--NATIONAL COMMITMENT TO END HUNGER Sec. 101. Hunger reports. TITLE II--STRENGTHENING COMMUNITY EFFORTS Sec. 201. Hunger-free communities collaborative grants. Sec. 202. Hunger-free communities training and technical assistance grants. Sec. 203. Report. TITLE III--AUTHORIZATION OF APPROPRIATIONS Sec. 301. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds that-- (1)(A) at the 1996 World Food Summit, the United States, along with 185 other countries, pledged to reduce the number of undernourished people by half by 2015; and (B) as a result of this pledge, the Department of Health and Human Services adopted the Healthy People 2010 goal to cut food insecurity in half by 2010, and in doing so reduce hunger; (2)(A) national nutrition programs are among the fastest, most direct ways to efficiently and effectively prevent hunger, reduce food insecurity, and improve nutrition among the populations targeted by a program; (3) in 2001, food banks, food pantries, soup kitchens, and emergency shelters helped to feed more than 23,000,000 low- income people; and (4) community-based organizations and charities can help-- (A) play an important role in preventing and reducing hunger; (B) measure community food security; (C) develop and implement plans for improving food security; (D) educate community leaders about the problems of and solutions to hunger; (E) ensure that local nutrition programs are implemented effectively; and (F) improve the connection of food insecure people to anti-hunger programs. SEC. 3. DEFINITIONS. In this Act: (1) Domestic hunger goal.--The term ``domestic hunger goal'' means-- (A) the goal of reducing hunger in the United States to at or below 2 percent by 2010; or (B) the goal of reducing food insecurity in the United States to at or below 6 percent by 2010. (2) Emergency feeding organization.--The term ``emergency feeding organization'' has the meaning given the term in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501). (3) Food security.--The term ``food security'' means the state in which an individual has access to enough food for an active, healthy life. (4) Hunger-free communities goal.--The term ``hunger-free communities goal'' means any of the 14 goals described in the H. Con. Res. 302 (102nd Congress). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. TITLE I--NATIONAL COMMITMENT TO END HUNGER SEC. 101. HUNGER REPORTS. (a) Study.-- (1) In general.--The Secretary shall conduct a study not later than 1 year after the date of enactment of this Act, and an update of the study not later than 5 years thereafter, of major matters relating to the problem of hunger in the United States, as determined by the Secretary. (2) Matters to be assessed.--The matters to be assessed by the Secretary shall include-- (A) data on hunger and food insecurity in the United States; (B) measures carried out during the previous year by Federal, State, and local governments to achieve domestic hunger goals and hunger-free communities goals; and (C) measures that could be carried out by Federal, State, and local governments to achieve domestic hunger goals and hunger-free communities goals. (b) Recommendations.--The Secretary shall develop recommendations on-- (1) removing obstacles to achieving domestic hunger goals and hunger-free communities goals; and (2) otherwise reducing domestic hunger. (c) Report.--Not later than 1 year after the date of enactment of this Act, and 5 years thereafter, the Secretary shall submit to the President and Congress a report that contains-- (1) a detailed statement of the results of the study, or the most recent update to the study, conducted under subsection (a); and (2) the most recent recommendations of the Secretary under subsection (b). TITLE II--STRENGTHENING COMMUNITY EFFORTS SEC. 201. HUNGER-FREE COMMUNITIES COLLABORATIVE GRANTS. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means a public food program service provider or a nonprofit organization, including but not limited to an emergency feeding organization, that demonstrates the organization has collaborated, or will collaborate, with 1 or more local partner organizations to achieve at least 1 hunger-free communities goal. (b) Program Authorized.-- (1) In general.--The Secretary shall use not more than 90 percent of any funds made available under title III to make grants to eligible entities to pay the Federal share of the costs of an activity described in subsection (d). (2) Federal share.--The Federal share of the cost of carrying out an activity under this section shall not exceed 80 percent. (3) Non-federal share.-- (A) Calculation.--The non-Federal share of the cost of an activity under this section may be provided in cash or in kind, fairly evaluated, including facilities, equipment, or services. (B) Sources.--Any entity may provide the non- Federal share of the cost of an activity under this section through a State government, a local government, or a private source. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at the time and in the manner and accompanied by any information the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) identify any activity described in subsection (d) that the grant will be used to fund; (B) describe the means by which an activity identified under subparagraph (A) will reduce hunger in the community of the eligible entity; (C) list any partner organizations of the eligible entity that will participate in an activity funded by the grant; (D) describe any agreement between a partner organization and the eligible entity necessary to carry out an activity funded by the grant; and (E) if an assessment described in subsection (d)(1) has been performed, include-- (i) a summary of that assessment; and (ii) information regarding the means by which the grant will help reduce hunger in the community of the eligible entity. (3) Priority.--In making grants under this section, the Secretary shall give priority to eligible entities that-- (A) demonstrate in the application of the eligible entity that the eligible entity makes collaborative efforts to reduce hunger in the community of the eligible entity; and (B)(i) serve a predominantly rural and geographically underserved area; (ii) serve communities in which the rates of food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates; (iii) provide evidence of long-term efforts to reduce hunger in the community; (iv) provide evidence of public support for the efforts of the eligible entity; or (v) demonstrate in the application of the eligible entity a commitment to achieving more than 1 hunger- free communities goal. (d) Use of Funds.-- (1) Assessment of hunger in the community.-- (A) In general.--An eligible entity in a community that has not performed an assessment described in subparagraph (B) may use a grant received under this section to perform the assessment for the community. (B) Assessment.--The assessment referred to in subparagraph (A) shall include-- (i) an analysis of the problem of hunger in the community served by the eligible entity; (ii) an evaluation of any facility and any equipment used to achieve a hunger-free communities goal in the community; (iii) an analysis of the effectiveness and extent of service of existing nutrition programs and emergency feeding organizations; and (iv) a plan to achieve any other hunger- free communities goal in the community. (2) Activities.--An eligible entity in a community that has submitted an assessment to the Secretary shall use a grant received under this section for any fiscal year for activities of the eligible entity, including-- (A) meeting the immediate needs of people in the community served by the eligible entity who experience hunger by-- (i) distributing food; (ii) providing community outreach; or (iii) improving access to food as part of a comprehensive service; (B) developing new resources and strategies to help reduce hunger in the community; (C) establishing a program to achieve a hunger-free communities goal in the community, including-- (i) a program to prevent, monitor, and treat children in the community experiencing hunger or poor nutrition; or (ii) a program to provide information to people in the community on hunger, domestic hunger goals, and hunger-free communities goals; and (D) establishing a program to provide food and nutrition services as part of a coordinated community- based comprehensive service. SEC. 202. HUNGER-FREE COMMUNITIES TRAINING AND TECHNICAL ASSISTANCE GRANTS. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means a national or regional nonprofit organization that carries out an activity described in subsection (d). (b) Program Authorized.-- (1) In general.--The Secretary shall use not more than 10 percent of any funds made available under title III to make grants to eligible entities to pay the Federal share of the costs of an activity described in subsection (d). (2) Federal share.--The Federal share of the cost of carrying out an activity under this section shall not exceed 80 percent. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at the time and in the manner and accompanied by any information the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) demonstrate that the eligible entity does not operate for profit; (B) describe any national or regional training program carried out by the eligible entity, including a description of each region served by the eligible entity; (C) describe any national or regional technical assistance provided by the eligible entity, including a description of each region served by the eligible entity; and (D) describe the means by which each organization served by the eligible entity-- (i) works to achieve a domestic hunger goal; (ii) works to achieve a hunger-free communities goal; or (iii) used a grant received by the organization under section 201. (3) Priority.--In making grants under this section, the Secretary shall give priority to eligible entities the applications of which demonstrate 2 or more of the following: (A) The eligible entity serves a predominantly rural and geographically underserved area. (B) The eligible entity serves a region in which the rates of food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates. (C) The eligible entity serves a region that has carried out long-term efforts to reduce hunger in the region. (D) The eligible entity serves a region that provides public support for the efforts of the eligible entity. (E) The eligible entity is committed to achieving more than 1 hunger-free communities goal. (d) Use of Funds.--An eligible entity shall use a grant received under this section for any fiscal year to carry out national or regional training and technical assistance for organizations that-- (1) work to achieve a domestic hunger goal; (2) work to achieve a hunger-free communities goal; or (3) receive a grant under section 201. SEC. 203. REPORT. Not later than September 30, 2011, the Secretary shall submit to Congress a report describing-- (1) each grant made under this title, including-- (A) a description of any activity funded by such a grant; and (B) the degree of success of each activity funded by such a grant in achieving hunger-free communities goals; and (2) the degree of success of all activities funded by grants under this title in achieving domestic hunger goals. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out title II $50,000,000 for each of fiscal years 2006 through 2011. Passed the Senate December 8, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 1120 _______________________________________________________________________ AN ACT To reduce hunger in the United States, and for other purposes.

Hunger-Free Communities Act of 2006 - Title I: National Commitment to End Hunger - (Sec. 101) Directs the Secretary of Agriculture to conduct a study of major matters relating to the problem of hunger in the United States. Includes in such study: (1) data on hunger and food insecurity; and (2) federal, state, and local measures to achieve domestic hunger goals and hunger-free communities goals. Requires the Secretary to report to the President and Congress respecting such study. Title II: Strengthening Community Efforts - (Sec. 201) Directs the Secretary to use up to 90% of funds made available under title III of this Act for grants to eligible entities (as defined by this section) to pay the federal share (not to exceed 80%) of the costs of: (1) community hunger assessments; (2) food distribution, community outreach, or food access improvement; (2) developing new resources and strategies to help reduce hunger; (3) establishing a program to achieve a hunger-free communities goal, and (4) establishing a program to provide food and nutrition services as part of a coordinated community-based comprehensive service. Gives grant priority to entities meeting specified criteria. (Sec. 202) Directs the Secretary to use up to 10% of funds made available under title III of this Act for grants to eligible entities (as defined by this section) to pay the federal share (not to exceed 80%) of the training and technical assistance costs of organizations that: (1) work to achieve a domestic hunger goal; (2) work to achieve a hunger-free communities goal; or (3) were recipients of a grant under section 201 of this Act. Gives grant priority to entities meeting specified criteria. (Sec. 203) Directs the Secretary to report to Congress by September 30, 2011, respecting grants made under this title. Title III: Authorization of Appropriations - (Sec. 301) Authorizes FY2006-FY2011 appropriations.

An act to reduce hunger in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Care for the Armed Forces and Veterans Act of 2007''. SEC. 2. PROHIBITION ON COMPETITIVE SOURCING OF CERTAIN ACTIVITIES AT MEDICAL FACILITIES OF THE DEPARTMENT OF DEFENSE. (a) Findings.--Congress finds the following: (1) The health and recovery of wounded members of the Armed Forces may be risked by competitive sourcing of services at military medical facilities. (2) The provision of medical services to members and former members of the Armed Forces who were injured while serving in Operation Iraqi Freedom or Operation Enduring Freedom is a basic service that is the responsibility of the Government and any disruption is unacceptable when it risks the health of veterans and members of the Armed Forces. (3) The Department of Defense has attempted to implement competitive sourcing of services at military medical facilities despite the fact that doing so provides no improvement in the efficiency or effectiveness of such services. (b) Prohibition on Initiation of Competitive Sourcing Activities at Medical Facilities of Department of Defense During Period of Major Military Conflict.-- (1) In general.--Except as provided in paragraph (2), during a period in which the Armed Forces are involved in a major military conflict, the Secretary of Defense shall not take any action under the Office of Management and Budget Circular A-76 or any other similar administrative regulation, directive, or policy-- (A) to subject work performed by an employee of a medical facility of the Department of Defense or employee of a private contractor of such a medical facility to public-private competition; or (B) to convert such employee or the work performed by such employee to private contractor performance. (2) Exception to prevent negative impact on provision of services.--Paragraph (1) shall not apply to any action at a medical facility of the Department of Defense if the Secretary of Defense certifies to Congress that not initiating such action during such period would have a negative impact on the provision of services at such military medical facility. (c) Study on Competitive Sourcing Activities at Medical Facilities of Department of Defense.--The Comptroller General of the United States shall assess the efficiency and advisability of subjecting work performed by an employee of a medical facility of the Department of Defense or a private contractor of such a medical facility to public- private competition, or converting such employee or the work performed by such employee to private contractor performance, under the Office of Management and Budget Circular A-76 or any other similar administrative regulation, directive, or policy. SEC. 3. MINIMUM BUDGET FOR MEDICAL SERVICES OF THE ARMED FORCES DURING PERIOD OF MAJOR MILITARY CONFLICT. (a) Findings.--Congress finds the following: (1) Pressure to reduce the budget for the medical services of the Department of Defense has contributed to many of the current problems at Walter Reed Army Medical Center. (2) It is inappropriate to reduce the budget for medical services of the Department of Defense or the Department of Veterans Affairs while such services are needed to treat members of the Armed Forces or veterans who were wounded in Iraq and Afghanistan. (b) Minimum Budget for Medical Services.-- (1) In general.--Except as provided in paragraph (2), if the Armed Forces are involved in a major military conflict at the time the President submits the budget for a fiscal year to Congress, the President shall not include in that budget a total aggregate amount allocated for medical services for the Department of Defense and the Department of Veterans Affairs that is less than the total aggregate amount allocated for such purposes in the budget submitted by the President to Congress for the previous fiscal year. (2) Exception.--Paragraph (1) shall not apply if the President-- (A) certifies to Congress that submitting a total aggregate amount allocated for medical services for the Department of Defense and the Department of Veterans Affairs that is less than that required under paragraph (1) is in the national interest; and (B) submits to Congress a report on the reasons for the reduction described by subparagraph (A). SEC. 4. LIMITATION ON IMPLEMENTATION OF RECOMMENDATION TO CLOSE WALTER REED ARMY MEDICAL CENTER. (a) Findings.--Congress finds the following: (1) The final recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and realignment include recommendations to close Walter Reed Army Medical Center and to build new, modern facilities at the National Naval Medical Center at Bethesda and at Fort Belvoir to improve the overall quality of and access to health care for members of the Armed Forces. (2) These recommendations include the transfer of medical services from the Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir, but they do not adequately provide for housing for the families of wounded members of the Armed Forces who will receive treatment at such new facilities. (3) The recommended closure of the Walter Reed Army Medical Center has impaired the ability of the Secretary of Defense to attract the personnel required to provide proper medical services at such medical center. (b) Limitation on Implementation of Recommendations.--The Secretary of Defense shall not take any action to implement the recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and realignment relating to the transfer of medical services from Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir during the period beginning on the date of the enactment of this Act and ending on the date that is 60 days after the date on which Congress receives the plan required under subsection (c). (c) Plan Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan that includes an assessment of the following: (1) The feasibility and advisability of providing current or prospective employees at Walter Reed Army Medical Center a guarantee that their employment will continue in the Washington, DC, metropolitan area for more than two years after the date on which Walter Reed Army Medical Center is closed. (2) Detailed construction plans for new medical facilities and family housing at the National Naval Medical Center at Bethesda and at Fort Belvoir to accommodate the transfer of medical services from Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir. (3) The costs, feasibility, and advisability of completing all of the construction planned for the transfer of medical services from Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir before any patients are transferred to such new facilities from Walter Reed Army Medical Center as a result of the recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and realignment. SEC. 5. IMPROVING CASE MANAGEMENT SERVICES FOR MEMBERS OF THE ARMED FORCES. (a) Findings.--Congress makes the following findings: (1) Case managers are important for scheduling appointments and making sure recovering servicemembers get the care they need. (2) Many case managers are overwhelmed by the large number of wounded members of the Armed Forces returning from deployment in Iraq and Afghanistan. (3) Regular contact between health care providers and members of the Armed Forces returning from deployment is important for the diagnosis of post traumatic stress disorder in such members. (4) It is inappropriate to require a wounded member of the Armed Forces or a family member of such member to provide a photo or a medal from deployment in Iraq or Afghanistan to prove that such member served in and was injured from such deployment. (5) Case managers are well qualified to assist recovering servicemembers and their families with the disability evaluation system and discharge procedures of the Department of Defense. (b) Case Managers.-- (1) In general.--The Secretary of Defense shall assign at least one case manager for every 20 recovering servicemembers to assist in the recovery of such recovering servicemember. (2) Minimum contact.--The Secretary of Defense shall ensure that case managers contact each of their assigned recovering servicemembers not less than once per week. (3) Training.--The Secretary of Defense shall ensure that case managers of the Department of Defense are familiar with the disability and discharge system of the Department of Defense and that such case managers are able to assist recovering servicemembers complete necessary and related forms. (c) Recovering Servicemember.--In this section, the term ``recovering servicemember'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces. SEC. 6. SCREENING FOR TRAUMATIC BRAIN INJURY. (a) Findings.--Congress finds the following: (1) Many of the members of the Armed Forces deployed in Iraq and Afghanistan have brain injuries. (2) In many cases, such injuries are not diagnosed because there is no external indication of such injury. (3) The Secretary of Veterans Affairs carries out programs to screen all recent combat veterans for traumatic brain injury; the Secretary of Defense does not do so. (b) Screening Required.--The Secretary of Defense shall screen every member of the Armed Forces returning from deployment in Operation Iraqi Freedom or Operation Enduring Freedom for traumatic brain injury upon the return of each such member. (c) Studies on Treating Traumatic Brain Injury as Presumptive Condition for Disability Compensation.-- (1) Study by secretary of defense.-- (A) In general.--The Secretary of Defense shall conduct a study on the feasability and advisability of treating traumatic brain injury as a presumptive condition for members of the Armed Forces who served in Operation Iraqi Freedom or Operation Enduring Freedom for the qualification for disability compensation under laws administered by the Secretary of Defense. (B) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the results of the study required by subparagraph (A). (2) Study by secretary of veterans affairs.-- (A) In general.--The Secretary of Veterans Affairs shall conduct a study on the feasability and advisability of treating traumatic brain injury as a presumptive condition for veterans who served as members of the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom for the qualification for disability compensation under laws administered by the Secretary of Veterans Affairs. (B) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the results of the study required by subparagraph (A). (3) Study by director of national institutes of health.-- (A) In general.--The Director of the National Institutes of Health shall conduct a study on traumatic brain injury, including the detection of traumatic brain injury and the measurement and classification of the severity of traumatic brain injury. (B) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Institutes of Health shall submit to Congress a report on the results of the study required by subparagraph (A). SEC. 7. REQUIRING MEDICAL RECORDS MANAGEMENT SYSTEMS OF DEPARTMENT OF DEFENSE TO COMMUNICATE WITH MEDICAL RECORDS MANAGEMENT SYSTEMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Findings.--Congress makes the following findings: (1) The electronic transfer of medical records of members of the Armed Forces from the medical records management systems of the Department of Defense to the medical records management systems of the Department of Veterans Affairs would be prudent. (2) The Department of Veterans Affairs has been a leader in the implementation of electronic medical records management systems. (b) Electronic Communication Between Medical Records Management Systems Required.-- (1) In general.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall ensure that the medical records management systems of the Department of Defense are capable of transmitting medical records to and receiving medical records from the medical records management systems of the Department of Veterans Affairs electronically. (2) Initiation of activities.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall begin any activities required to meet the requirements of paragraph (1). SEC. 8. DEPARTMENT OF VETERANS AFFAIRS ASSESSMENT OF LONG-TERM CARE NEEDS OF VETERANS. (a) Findings.--Congress makes the following findings: (1) Multiple studies show that, in the next five years, the Department of Veterans Affairs will add hundreds of thousands of new veterans to the medical records management systems of the Department of Veterans Affairs. (2) During such period, many veterans will have multiple medical care needs caused by complex medical conditions. (b) Assessment of Long-Term Care Needs.--The Secretary of Veterans Affairs shall assess the current ability of the Department of Veterans Affairs to meet long-term care needs of veterans during the 50-year period that begins on the date of the enactment of this Act. (c) Determination of Actions Required To Meet Long-Term Care Needs.--The Secretary of Veterans Affairs shall determine what actions are required to ensure that the needs described in subsection (b) are satisfied. (d) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the assessment required in subsection (b) and the determination required in subsection (c).

Effective Care for the Armed Forces and Veterans Act of 2007 - Prohibits the Secretary of Defense, during a period of a U.S. major military conflict, from: (1) subjecting work performed by an employee of a Department of Defense (DOD) medical facility or an employee of a private contractor of such facility to public-private competition; or (2) converting such employee or the work performed to private contractor performance. Allows an exception to prevent a negative impact on the provision of services. Requires a study by the Comptroller General on competitive outsourcing activities at DOD medical facilities. Provides: (1) a minimum budget for DOD medical services during periods of major military conflicts; and (2) a limitation on the implementation of a recommendation for the closure of Walter Reed Army Medical Center. Requires the Secretary to: (1) assign at least one case manager for every 20 recovering servicemembers; (2) screen every servicemember returning from deployment in Operations Iraqi Freedom or Enduring Freedom for traumatic brain injury (requiring two related studies); and (3) require DOD medical records management systems to communicate with such systems of the Department of Veterans Affairs (VA). Directs the Secretary of Veterans Affairs to assess the VA's ability to meet the long-term care needs of veterans over the next 50 years.

A bill to improve the medical care of members of the Armed Forces and veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting U.S. Missile Defense Information Act of 2012''. SEC. 2. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH ACCESS TO MISSILE DEFENSE TECHNOLOGY. (a) Limitation on Funds for Classified Technology and Data.-- (1) In general.--None of the funds made available for fiscal years 2012 or 2013 for the Department of Defense may be used to provide the Russian Federation with access to information that is classified or was classified as of January 2, 2012, regarding-- (A) missile defense technology of the United States, including hit-to-kill technology; or (B) data, including sensitive technical data, warning, detection, tracking, targeting, telemetry, command and control, and battle management data, that support the missile defense capabilities of the United States. (2) Applicability.--The limitation in paragraph (1) shall apply with respect to the use of funds on or after the date of the enactment of this Act. (b) Limitation on Funds for Other Technology and Data.-- (1) In general.--None of the funds made available for fiscal years 2012 or 2013 for the Department of Defense may be used to provide the Russian Federation with access to missile defense technology or technical data not described in subsection (a) unless-- (A) the President submits to the appropriate congressional committees-- (i) a report that contains a description of-- (I) the specific missile defense technology or technical data to be provided to the Russian Federation, the reasons for providing such technology or data, and how the technology or technical data is intended to be used; (II) the measures necessary to protect the technology or technical data; (III) the specific missile defense technology or technical data of the Russian Federation that the Russian Federation is providing the United States with access to; and (IV) the status and substance of discussions between the United States and the Russian Federation on missile defense matters; and (ii) written certification by the President that providing the Russian Federation with access to such missile defense technology or technical data-- (I) includes an agreement on prohibiting access to such technology or data by any other country or entity; (II) will not enable the development of countermeasures to any missile defense system of the United States or otherwise undermine the effectiveness of any such missile defense system; and (III) will correspond to equitable access by the United States to missile defense technology or technical data of the Russian Federation; and (B) a period of 30 days has elapsed following the date on which the President submits to the appropriate congressional committees the report and written certification under subparagraph (A). (2) Applicability.--The limitation in paragraph (1) shall apply with respect to the use of funds on or after the date of the enactment of this Act. (c) Form.--The report described in clause (i) of subsection (b)(1)(A) and the certification described in clause (ii) of such subsection shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. SEC. 3. INTERNATIONAL AGREEMENTS RELATING TO MISSILE DEFENSE. (a) Sense of Congress.--It is the sense of Congress that an agreement regarding missile defense cooperation between the United States and the Russian Federation that is negotiated with the Russian Federation through the North Atlantic Treaty Organization (``NATO'') or a provision to amend the charter of the NATO-Russia Council, should not be considered legally or politically binding unless the agreement is-- (1) specifically approved with the advice and consent of the Senate pursuant to article II, section 2, clause 2 of the Constitution; or (2) specifically authorized by an Act of Congress. (b) Missile Defense Agreements.-- (1) In general.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130f. International agreements relating to missile defense ``(a) In General.--In accordance with the understanding under subsection (b)(1)(B) of the Resolution of Advice and Consent to Ratification of the New START Treaty of the Senate, any agreement with a country or international organization or amendment to the New START Treaty (including an agreement made by the Bilateral Consultative Commission established by the New START Treaty) concerning the limitation of the missile defense capabilities of the United States shall not be binding on the United States, and shall not enter into force with respect to the United States, unless after the date of the enactment of this section, such agreement or amendment is-- ``(1) specifically approved with the advice and consent of the Senate pursuant to article II, section 2, clause 2 of the Constitution; or ``(2) specifically authorized by an Act of Congress. ``(b) Annual Notification.--Not later than January 31 of each year, beginning in 2013, the President shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification of-- ``(1) whether the Russian Federation has recognized during the previous year the sovereign right of the United States to pursue quantitative and qualitative improvements in missile defense capabilities; and ``(2) whether during any treaty negotiations or other Government-to-Government contacts between the United States and the Russian Federation (including under the auspices of the Bilateral Consultative Commission established by the New START Treaty) during the previous year a representative of the Russian Federation suggested that a treaty or other international agreement include, with respect to the United States-- ``(A) restricting missile defense capabilities, military capabilities in space, or conventional prompt global strike capabilities; or ``(B) reducing the number of non-strategic nuclear weapons deployed in Europe. ``(c) New START Treaty Defined.--In this section, the term `New START Treaty' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130e the following new item: ``130f. International agreements relating to missile defense.''. (c) Defense Technology Cooperation Agreements.-- (1) In general.--Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2350n. Defense technology cooperation agreements between the United States and the Russian Federation ``(a) In General.--None of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense may be used to implement a defense technology cooperation agreement entered into between the United States and the Russian Federation until a period of 60 days has elapsed following the date on which the President transmits such agreement to the congressional defense committees. ``(b) Defense Technology Cooperation Agreement Defined.--In this section, the term `defense technology cooperation agreement' means a cooperative agreement related to research and development entered into under section 2358 of this title or any other provision of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2350m the following new item: ``2350n. Defense technology cooperation agreement between the United States and the Russian Federation.''. (d) Limitation on Missile Defense Negotiation.-- (1) In general.--None of the funds made available for fiscal years 2012 or 2013 for the Department of Defense or the Department of State may be used for travel expenses related to discussing missile defense matters with the Russian Federation until the date that is 30 days after the date on which the President transmits to the appropriate congressional committees the draft agreement discussed between the United States and the Russian Federation at Deauville, France, in May 2011. (2) Applicability.--The limitation in paragraph (1) shall apply with respect to the use of funds on or after the date of the enactment of this Act. (3) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Protecting U.S. Missile Defense Information Act of 2012 - Prohibits Department of Defense (DOD) funds for FY2012-FY2013 from being used to provide the Russian Federation with access to: (1) U.S. missile defense technology, including hit-to-kill technology; or (2) data that supports U.S. missile defense capabilities. Prohibits such funds from being used to provide the Russian Federation with access to U.S. missile defense technology or data other than that described above unless, at least 30 days in advance, the President describes to Congress the data to be provided, along with a certification relating to the use of, and third-party access to, such data. Expresses the sense of Congress that an agreement regarding missile defense cooperation between the United States and the Russian Federation that is negotiated through the North Atlantic Treaty Organization (NATO) or a provision to amend the charter of the NATO-Russia Council shall not be legally or politically binding unless it is either specifically approved with the advice and consent of the Senate, or specifically authorized by an Act of Congress. Provides that no agreement with any country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities shall be binding on the United States unless such agreement or amendment is either approved or authorized as above. Directs the President, beginning in 2013, to provide annual notification to Congress as to whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in missile defense capabilities; and (2) any Russian Federation representative has suggested that a treaty or other international agreement include provisions restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe. Prohibits DOD funds for FY2012 and thereafter from being used to implement a defense technology cooperation agreement between the United States and the Russian Federation until 60 days after the President transmits such agreement to Congress. Prohibits the use of any FY2012-FY2013 DOD or Department of State funds for travel expenses related to missile defense matters with the Russian Federation until 30 days after the President transmits to Congress the draft agreement discussed at Deauville, France, in May 2011.

To ensure the effectiveness of the missile defense system of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonnative Wildlife Invasion Prevention Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a risk assessment process to prevent the introduction into, and establishment in, the United States of nonnative wildlife species that will cause or are likely to cause economic or environmental harm or harm to human or animal species' health. SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF NONNATIVE WILDLIFE SPECIES. (a) In General.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service, shall promulgate regulations that establish a process for assessing the risk of all nonnative wildlife species proposed for importation into the United States, other than nonnative wildlife species that are included in the list of approved species issued under section 4. (b) Factors To Be Considered.--Regulations under this section shall provide that in assessing the risk of a nonnative wildlife species the Secretary shall consider at a minimum-- (1) the identity of the organism to the species level, including to the extent possible more specific information on its subspecies and genetic identity; (2) the geographic source of the species and the conditions under which it was captured or bred; (3) whether the species has established or spread, or caused harm to the economy or the environment or the health of humans or of wildlife, in ecosystems that are similar to those in the United States but are located outside the United States; (4) the likelihood that environmental conditions suitable for the establishment or spread of the species exist anywhere in the United States; (5) the likelihood of establishment of the species in the United States; (6) the likelihood of spread of the species in the United States; (7) the likelihood that the species would harm wildlife resources in the United States; (8) the likelihood that the species would harm rare, threatened, or endangered species in the United States; (9) the likelihood that the species would harm habitats or ecosystems in the United States; (10) the likelihood that pathogenic species, parasitic species, or free-living species may accompany the species proposed for importation; and (11) other factors important to the risks associated with the species. (c) Consultation.--In promulgating the regulations, the Secretary shall consult with States, Indian tribes, other stakeholders, the Aquatic Nuisance Species Task Force, and the Invasive Species Council. (d) Transparency.--The Secretary shall ensure that the risk assessment process established by the regulations is scientifically credible and is consistent with sections 4 and 5. (e) Deadlines.--The Secretary shall-- (1) propose regulations under subsection (a) and an initial list under section 4(b), by not later than 2 years after the date of the enactment of this Act; (2) publish in the Federal Register final regulations under subsection (a), an initial list under section 4(b), and a notice of the prohibitions under this Act, by not later than 30 days before the date on which the Secretary begins assessing risk under the regulations; and (3) begin assessing risk under the regulations by not later than 37 months after the date of the enactment of this Act. (f) Animals Imported Prior to Prohibition of Importation.--This Act and regulations issued under this Act shall not interfere with the ability of any person to possess an individual animal of a species that was imported legally, even if such species is later prohibited from being imported under the regulations issued under this Act. SEC. 4. LIST OF APPROVED SPECIES. (a) Requirement To Issue List.-- (1) In general.--Not later than 36 months after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of nonnative wildlife species approved for importation. (2) Exclusion of certain species.--The Secretary shall not include in the list-- (A) any species included in the list of prohibited species under section 5; or (B) any species, the importation of which is prohibited by any other law or regulation. (3) Revision.--The Secretary may revise the list issued under this subsection. (b) Initial List.-- (1) In general.--The Secretary shall include in the initial list under this section nonnative wildlife species that the Secretary finds-- (A) based on the best scientific and commercial data available, are not harmful to the United States' economy, the environment, or human or other animal species' health; or (B) may be harmful in some respects, but already are so widespread in the United States that future import prohibitions or restrictions would have no practical utility. (2) Proposals for inclusion in initial list.--The Secretary-- (A) shall, by not later than 60 days after the date of enactment of this Act, publish in the Federal Register and make available on the Internet a request for submission, by persons that import or that intend to import nonnative wildlife species, of proposals of nonnative wildlife species to be included in the initial list under this subsection and supporting documentation for such proposals; (B) shall accept such proposals for 10 months after the date the Secretary publishes the request for submissions; and (C) may propose a nonnative wildlife species for inclusion in the list. (3) Public notice and comment.--Before issuing the initial list under this subsection, the Secretary shall-- (A) publish in the Federal Register and make available on the Internet the proposed initial list; and (B) provide for, a period of not less than 60 days, an opportunity to submit public comments on the proposed list. (4) Deadline.--The Secretary shall publish in the Federal Register and make available on the Internet an initial list under this subsection. (c) Proposal for Inclusion on the Approved List.-- (1) Request for information.--After publication of the list under this section, upon receipt of a proposal for, or proposing, inclusion of a nonnative wildlife species on the list (including a request to import such a species that is not on the list published under this section and section 5, respectively), the Secretary shall provide notice of the proposal and an opportunity to comment to the head of each agency and each interested person with information relevant to the process for assessing the risk established under section 3. (2) Determination.--The Secretary shall make one of the following determinations regarding such a proposal in a reasonable period of time and in accordance with the factors to be considered under section 3(b): (A) The nonnative wildlife species is approved for importation, and is added to the list of approved species under this section. (B) The nonnative wildlife species is not approved for importation, unless permitted under section 7. (3) Treatment of unapproved species.--If the Secretary makes a determination under paragraph (2)(B) that a nonnative wildlife species is not approved for importation, the Secretary shall-- (A) include the nonnative wildlife species on the list of unapproved species under section 5; or (B) request the person who submitted a proposal for which the determination is made to submit additional information, tests, or data needed to make a definitive determination under this section. (d) Notice of Determination.--The Secretary shall publish in the Federal Register and make available on the Internet or other appropriate means, the determinations made with respect to proposals considered under this section. SEC. 5. LIST OF UNAPPROVED SPECIES. (a) Requirement To Issue List.-- (1) In general.--The Secretary shall publish in the Federal Register a list of nonnative wildlife species that are prohibited or restricted from entering the United States. (2) Included species.--The list under this subsection shall include-- (A) those species listed by Federal regulation as injurious wildlife under section 42 of title 18, United States Code, as of the date of enactment of this Act; and (B) any other species the Secretary has determined under section 4(c) is not approved for importation. (b) Petition Process To Add or Remove Species From Unapproved List.-- (1) In general.--Any person may petition the Secretary to add to or remove from the list under this section any nonnative wildlife species, consistent with regulations established under this Act. (2) Notice.--The Secretary shall publish notice of the petition and provide an opportunity for public comment. (3) Action on petition.--The Secretary shall-- (A) determine whether or not to add or remove the nonnative wildlife species from the list, as applicable, pursuant to the petition, within a reasonable time and based on information that is provided by the petition or otherwise readily available; (B) notify the petitioner of such determination; and (C) publish such determination in the Federal Register. (c) Emergency Authority and Temporary Prohibition.-- (1) In general.--If the Secretary determines that an emergency exists because a nonnative wildlife species in the United States poses a serious threat of harm to the United States economy, the environment, or human or animal species' health, the Secretary may temporarily place the nonnative wildlife species on the list of unapproved species. (2) Determination.--The Secretary shall publish in the Federal Register and make available to the public through the Internet or other appropriate means a final determination of whether to maintain the nonnative wildlife species on the list of unapproved species, within 180 days after temporarily adding the nonnative wildlife species to such list. SEC. 6. PROHIBITIONS AND PENALTIES. (a) Prohibitions.--No person shall-- (1) import into the United States any nonnative wildlife species or viable eggs of such species that is not included in the list of approved species issued under section 4, except as authorized by a permit under section 7; (2) violate any term or condition of a permit issued under section 7; (3) knowingly possess (except as provided in section 3(f)), sell or offer to sell, purchase or offer to purchase, or barter for or offer to barter for, any nonnative wildlife species that is prohibited from being imported under paragraph (1), any descendants of such a species, or viable eggs of such a species; (4) knowingly release any nonnative wildlife species imported in violation of paragraph (1), or any viable eggs or descendants of such a species; (5) knowingly breed any nonnative wildlife species imported in violation of paragraph (1), or provide any such species to others for breeding purposes; or (6) knowingly sell or offer to sell, purchase or offer to purchase, barter or offer to barter for or offer to barter for, release, or breed any nonnative wildlife species referred to in section 3(f). (b) Penalties and Enforcement.--Any person who violates subsection (a) of this section shall be subject to the civil penalties and criminal penalties described in section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373). Sections 4(b), 4(e), 5, and 6 of that Act shall apply to such a violation in the same manner as they apply to a violation of that Act. (c) Limitation on Application.--Subsection (a) shall not apply to any action by law enforcement personnel engaged in enforcement of this section. (d) Effective Date.--This section shall take effect 37 months after the date of the enactment of this Act. SEC. 7. PERMITS. The Secretary may issue a permit authorizing importation otherwise prohibited by section 6(a)(1) for educational, scientific research, or accredited zoological or aquarium display purposes. SEC. 8. FEES. (a) In General.--The Secretary shall establish and collect a fee to recover, to the maximum extent practicable, costs of assessing risk of nonnative wildlife species under the regulations issued under section 3. (b) Nonnative Wildlife Invasion Prevention Fund.-- (1) Establishment.--There is established in the Treasury a separate account which shall be known as the Nonnative Wildlife Invasion Prevention Fund. (2) Contents.--There shall be deposited into the account amounts received by the United States as fees under this section. (3) Use.--Amounts in the account shall be available to the Secretary, subject to the availability of appropriations, for the purposes of implementing this Act. SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS NONMAILABLE MATTER. Nonnative wildlife species included in the list of approved species issued under section 4 shall be considered and treated as nonmailable matter under section 3015 of title 39, United States Code. SEC. 10. RELATIONSHIP TO STATE LAW. (a) In General.--Nothing in this Act preempts or otherwise affects the application of any State law that establishes stricter requirements for importation, possession, sale, purchase, release, or breeding of, or bartering for, any nonnative wildlife species, except to the extent that State law is inconsistent with this Act. (b) Limitation on Application of Prohibitions and Penalties To Prevent Release.--The Secretary may limit the application of any provision of section 6 to facilitate implementation of any State program that encourages voluntary surrender to a State of nonnative wildlife species, if the Secretary determines that such limitation will prevent release of such species. SEC. 11. DEFINITIONS. For the purposes of this Act: (1) Aquatic nuisance species task force.--The term ``Aquatic Nuisance Species Task Force'' means the Aquatic Nuisance Species Task Force established under section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702). (2) Invasive species council.--The term ``Invasive Species Council'' means the Invasive Species Council established by Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183). (3) Native species.--The term ``native species'' means a species that historically occurred or currently occurs in the United States, other than as a result of an introduction by humans. (4) Nonnative wildlife species.--The term ``nonnative wildlife species''-- (A) except as provided in subparagraph (C), means any species of animal that is not a native species, whether or not raised in captivity; (B) except as provided in subparagraph (C), includes-- (i) any such species of mammal, bird, fish, reptile, amphibian, insect, mollusk and crustacean, arthropod, coelenterate, or other invertebrate, and (ii) any egg or offspring thereof; and (C) does not include any species specifically defined or regulated as a plant pest under the Plant Protection Act (7 U.S.C. 7701 et seq.) or as a threat to livestock or poultry under the Animal Health Protection Act (7 U.S.C. 8301 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means any State of the United States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands. (7) United states.--The term ``United States'', when used in a geographic sense, means any State of the United States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the Virgin Islands, any possession of the United States, and any waters within the jurisdiction of the United States.

Nonnative Wildlife Invasion Prevention Act - Requires the Secretary of the Interior to promulgate regulations establishing a process for assessing the risk of all nonnative wildlife species proposed for importation into the United States, other than those included in a list of approved species issued under this Act. Sets forth factors that must be considered at minimum, including the identity of the organism to the species level, the geographic source, and the likelihood of spread and harm to groups of species or habitats. Provides procedures for issuance and expansion of the approved-for-importation list. Establishes prohibitions on: (1) importation of nonnative species or viable eggs; (2) permit violation; and (3) knowing possession, purchase, sale, barter, release, or breeding (including of prohibited species previously imported legally). Allows the imposition of fees to recover the costs of assessing risks of nonnative wildlife species. Establishes a Nonnative Wildlife Invasion Prevention Fund into which such fees will be deposited.

To prevent the introduction and establishment of nonnative wildlife species that negatively impact the economy, environment, or human or animal species' health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Flexibility for Transit Assistance Act''. SEC. 2. FINDINGS. Congress finds the following: (1) While transit ridership has increased in the face of falling disposable income, transit agencies are being forced to implement some of the deepest service cuts, sharpest fare increases and layoffs as a result of declining revenues and increasing fuel prices. (2) According to the American Public Transportation Association, over the past 2 years, 84 percent of transit systems have raised fares, cut service, or are considering either of these measures in the near future. (3) Additionally, over the same period of time, transit systems across the country have seen a 56-percent reduction in rush hour service, a 62-percent reduction in off-peak service, and a 40-percent reduction in geographic coverage leaving thousands of transit drivers without a job. (4) These cuts have left thousands of transit dependent Americans without a way to get to work. (5) It is the policy of the Government to significantly increase the number of individuals who have access to viable public transportation systems and services in order to maximize Americans' ability to access jobs and economic opportunity. (6) It is the policy of the Government that the ability of all citizens to move quickly and at a reasonable cost shall be increased, especially in light of the growth in highway traffic congestion and the resulting cost to our Nation's productivity and economic strength. SEC. 3. URBANIZED AREA FORMULA GRANTS. Section 5307(b)(1) of title 49 is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (D)-- ``(E) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of more than 200,000 for a designated recipient, direct recipient, or subrecipient under section 5311, providing public transportation in the area and operating less than 100 buses in fixed-route service in such area during peak service hours.''. SEC. 4. TARGETED AND TEMPORARY FLEXIBILITY FOR DESIGNATED RECIPIENTS IN CRISIS. Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 5341. TARGETED AND TEMPORARY FLEXIBILITY FOR DESIGNATED RECIPIENTS OR DIRECT RECIPIENTS IN CRISIS. ``(a) Definition.--For purposes of this section the term `crisis period' means that the unemployment rate, as defined by the Bureau of Labor Statistics, of any metropolitan statistical area located within a designated recipient's or direct recipient's service area is at or higher than 7 percent for the preceding month or the national average retail price of regular grade gasoline during a quarter, as reported by the United States Energy Information Administration, has increased by more than 10 percent compared to the same quarter during the previous year. ``(b) Conditions for Flexibility.-- ``(1) In general.--If a designated recipient or direct recipient operates at least 100 buses in fixed-route service during peak service hours, in an urbanized area with a population of more than 200,000, and is certified under paragraph (3) as being in a crisis period, the agency may use funds provided under section 5307 for operating costs of equipment and facilities, subject to the conditions set forth in paragraphs (2) and (3). ``(2) Limitation on use of funds.--A designated recipient or direct recipient that meets the criteria set forth in paragraph (1) may use-- ``(A) 50 percent of funds provided under section 5307 if it operates in an urbanized area with a population of more than 200,000 but less than 500,000; ``(B) 45 percent of funds provided under section 5307 if it operates in an urbanized area with a population of more than 500,000 but less than 1,000,000; or ``(C) 40 percent of funds provided under section 5307 if it operates in an urbanized area with a population of more than 1,000,000. ``(3) Certification by secretary.--To be eligible to use funds for operating costs of equipment and facilities under this section, a designated recipient or direct recipient shall request that the Secretary certify, not later than 30 days after such request is made, that the agency is in a crisis period. After each quarter, the Secretary shall monitor each designated recipient or direct recipient in a crisis period to determine if the agency no longer qualifies as being in a crisis period. When the Secretary determines that an agency is no longer in a crisis period, the agency has 3 additional consecutive quarters to use the funds for operating costs of equipment and facilities. ``SEC. 5342. LOCAL CONTROL OF TRANSIT OPERATING FLEXIBILITY. ``(a) General Eligibility Requirements.--If a designated recipient or direct recipient operates at least 100 buses in fixed-route service during peak service hours and is in an urbanized area with a population of more than 200,000 and-- ``(1) such recipient's percentage of revenue for the operating cost of equipment and facilities for use in public transportation from non-Federal sources, excluding system- generated revenue, is at least equal to such revenue from the previous fiscal year; or ``(2) the recipient receives revenue for the operating cost of equipment and facilities for use in public transportation derived in whole or in part from dedicated sources of revenue; the designated recipient or direct recipient may use funds provided under section 5307 for operating costs of equipment and facilities, subject to the percentage limitations in subsection (b). ``(b) Limitations on Use of Funds.--A designated recipient or direct recipient that meets the criteria set forth in subsection (a) may use-- ``(1) 30 percent of such funds if the area served has a population of more than 200,000 but not more than 500,000; ``(2) 25 percent of such funds if the area served has a population of more than 500,000 but not more than 1,000,000; or ``(3) 20 percent of such funds if the area served has a population of more than 1,000,000. ``(c) Conditional Increase in Percentage Limits.--If the designated recipient's or direct recipient's percentage of revenue for the operating cost of equipment and facilities for use in public transportation from non-Federal sources, excluding system-generated revenue, is greater than such revenue from the previous fiscal year, the designated recipient or direct recipient may increase the applicable percentage specified in subsection (b) by a percentage that is not greater than the year-over-year increase in such amount.''.

Local Flexibility for Transit Assistance Act - Authorizes the Secretary of Transportation (DOT) to make urbanized area formula grants for the operating costs of equipment and facilities for use in public transportation in an urbanized area with a population over 200,000 to a designated recipient, direct recipient, or subrecipient that provides public transportation in the area operating less than 100 buses in fixed-route service in the area during peak service hours. Authorizes a designated recipient or direct recipient that operates at least 100 buses in fixed-route service during peak service hours in an urbanized area with a population of more than 200,000 to use grant funds for the operating costs of public transportation equipment and facilities in such projects if: (1) the recipients are certified by the Secretary as being in a crisis period; and (2) the recipients' percentage of revenue for the operating costs of public transportation equipment and facilities from non-federal sources (excluding system-generated revenue) is equal to the previous fiscal year's revenue, or the revenue is derived from dedicated sources. Specifies percentage limitations on the use of funds for urbanized areas with populations between 200,000 and 500,000, between 500,000 and 1 million, and over 1 million. Defines "crisis period" to mean that: (1) the unemployment rate within the recipients' service area is 7% or higher for the preceding month, or (2) the national average retail price of regular gasoline during a quarter has increased by more than 10%.

To provide flexibility of certain transit functions to local entities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Voter Opportunity To Inform Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the right of citizens of the United States to vote is a fundamental right; (2) the right of citizens of the United States to have an effective voice in the decisionmaking processes of the Congress is grounded in the right to petition and is a fundamental part of American democracy, and Congress should provide an opportunity for citizens to express their views on important public issues; (3) there is an increasing public sentiment and demand for limiting the terms of Members of Congress; and (4) voters in 15 States have already voted and approved State laws to limit the terms of their congressional delegations, and voters in other States have expressed their interest in having the opportunity to also vote on term limits for Members of Congress. (b) Purposes.--The purposes of this Act are-- (1) to give the citizens of every State the opportunity to have a voice on whether or not the terms of Members of Congress should be limited; and (2) to conduct a national nonbinding referendum on term limits at the 1994 general election, thereby having an opportunity to study the feasibility of conducting national nonbinding referenda on other important issues in the future. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``nonbinding referendum'' means the placing on the general election ballot in every congressional district and delegate or resident commissioner district in 1994 the advisory question defined below, the results of which shall be properly tabulated and certified as described herein, but which results shall not be legally binding on any person or institution; (2) the term ``advisory question'' means the National Advisory Referendum on Term Limits, the language of which is contained in section 4(b) of this Act; (3) the term ``general election'' means the election at which Federal officers are elected in 1994; (4) the term ``Federal office'' means Members of the United States House of Representatives and Senators, Delegates to the United States Congress, and Resident Commissioners of the territories of the United States; and (5) the term ``State election agency'' means the official agency of each State and territory charged with the legal responsibility for conducting general elections within that jurisdiction. SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS EFFECTIVELY ON TERM LIMITS NONBINDING REFERENDUM. (a) In General.--This Act shall have the effect of placing on the 1994 general election ballot in every congressional district, and delegate and/or resident commissioner district, in the United States, the District of Columbia and the territories of the United States, the advisory question concerning term limits for Members of Congress. (b) Advisory Question; Ballot Title and Language.--Not later than August 1, 1994, the Clerk of the United States House of Representatives and the Secretary of the United States Senate shall jointly certify to the appropriate State election agencies for inclusion on the 1994 general election ballot in each congressional district, the following ballot title and question: ``national advisory referendum on term limits ``Should Congress approve a constitutional amendment to limit the number of terms that a Member of the United States House of Representatives and United States Senator can serve in office? ``Yes No''. (c) Preparation of Ballots.-- (1) Procedures.--The procedures for printing and preparation of the ballots containing the advisory question shall be the same as provided in each State and territory for conducting the elections of the Members of the United States House of Representatives and Senators, and Delegates or Resident Commissioners. (2) Advisory question.--In each congressional and delegate district, every general election ballot shall include the advisory question contained in subsection (b). Should there be no general election scheduled to be held in any particular congressional or delegate district, a ballot shall nonetheless be prepared for the voters of said district to be able to participate in the nonbinding referendum in the same manner as all other districts where a general election is being held. The costs of printing, disseminating and tabulating the ballots with the advisory question for those congressional or delegate districts where a general election would not otherwise be held in November 1994, shall be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the nonbinding referendum in those districts. All reimbursements to State election agencies for the costs of conducting the nonbinding referendum in congressional districts which would not otherwise be conducting a Federal election in November 1994, shall be made from the franking accounts of the Congress, with equal amounts drawn from the franking accounts of the House of Representatives and the Senate to reimburse the States for such expenses. The Clerk of the United States House of Representatives and the Secretary of the United States Senate shall be responsible for ensuring the proper application for and reimbursement of said expenses. (d) Tabulation and Certification of Voting Results.--The State election agencies shall tabulate the results of the voting on the advisory question in the same manner as is customary for tabulating the results of elections of the Members of the United States House of Representatives and Senators. Said results shall be officially certified pursuant to the customary laws and procedures of each jurisdiction. (e) Transmission of Certified Results to the Congress, All Members, and Committees on the Judiciary.--The official, certified election results of each jurisdiction's nonbinding referendum on the advisory question shall be certified by the State election agency to the Clerk of the United States House of Representatives and the Secretary of the United States Senate in the same manner and at the same time of the certification of election of Members of the House of Representatives and Senate at the 1994 general election, said results to be certified by county, congressional district and statewide totals. The Clerk and the Secretary shall be responsible for transmitting to each Member of the respective House of Congress the results of the nonbinding referendum from all jurisdictions. The results shall also be taken under advisement by the respective Committee on the Judiciary of the House of Representatives and Senate, with recommendations for response reported back to the full House and Senate within 6 months of the general election. (f) Comments Regarding Procedures for Future Nonbinding Referenda.--Within 90 days of the date of the general election, the State election agencies shall forward to the Clerk of the United States House of Representatives and the Secretary of the United States Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections. All such comments shall be referred to the respective committees on the Judiciary of the House of Representatives and Senate. SEC. 5. EFFECTIVE DATE. This Act shall become effective immediately upon passage.

National Voter Opportunity To Inform Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994 - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to the appropriate State election agencies for inclusion on the 1994 general election ballot in every congressional district a national advisory referendum that poses the question of whether the Congress should approve a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires tabulation and certification of the election results under customary procedures. Makes the Clerk of the House and the Secretary of the Senate responsible for transmitting such results to each Member. Requires the results to be taken under advisement by the House and the Senate Judiciary Committees, with recommendations for response reported back to the Congress within six months of the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections.

National Voter Opportunity To Inform Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Primary and Preventive Health Care Corps Act of 2009''. SEC. 2. PRIMARY AND PUBLIC HEALTH SCHOLARSHIP PROGRAM. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--Primary and Public Health Scholarship Program ``SEC. 775. SCHOLARSHIP PROGRAM. ``(a) In General.--The Secretary shall establish and carry out the Primary and Public Health Scholarship Program (in this section referred to as the `Scholarship Program') under which the Secretary shall enter into contracts with all eligible individuals in accordance with this section. ``(b) Eligibility.--To be eligible to participate in the Scholarship Program, an individual must-- ``(1) be accepted for enrollment, or be enrolled, as a full-time student-- ``(A) in an accredited (as determined by the Secretary) institution of higher education that is a public graduate medical school in a State that is funded by such State; and ``(B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, osteopathic medicine, dentistry, or other health profession, or an appropriate degree from a graduate program of behavioral and mental health; ``(2) submit an application to participate in the Scholarship Program in such form and manner and at such time as specified by the Secretary; and ``(3) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)) to accept payment of a scholarship and to serve (in accordance with this section) for a period of not less than 4 years at a health care facility that serves a designated primary care or public health shortage area located in the State in which the institution is located. ``(c) Participation in Program.-- ``(1) In general.--An individual becomes a participant in the Scholarship Program only upon the approval of the Secretary of the individual's application submitted under subsection (b)(2) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(3). ``(2) Notice.--The Secretary shall provide written notice to an individual promptly upon the Secretary's approving, under paragraph (1), of the individual's participation in the Scholarship Program. ``(d) Contract.--The contract described in this subsection is a written contract between the Secretary and an individual that contains-- ``(1) an agreement that-- ``(A) subject to paragraph (2), the Secretary agrees to provide the individual with a scholarship (described in subsection (e)) for each such school year during the period of years (not to exceed four school years), during which the individual is pursuing a course of study described in subsection (b)(1)(B); and ``(B) subject to paragraph (2), the individual agrees-- ``(i) to accept provision of such a scholarship to the individual; ``(ii) to maintain enrollment in a course of study described in subsection (b)(1)(B) until the individual completes the course of study; ``(iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined under regulations of the Secretary by the educational institution offering such course of study); and ``(iv) to serve as a health professional for a period of full-time service of not less than 4 years at a health care facility serving an area-- ``(I) that is located in the State in which the individual attended the institution of higher education described in subsection (b)(1)(A); and ``(II) that is designated by the Secretary, in consultation with the Governor of such State, as being a primary care or public health shortage area; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; ``(3) a statement of the damages to which the United States is entitled, under subsection (f) for the individual's breach of the contract; and ``(4) such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this title. ``(e) Scholarships.-- ``(1) In general.--Subject to subparagraph (3), a scholarship provided to a student for a school year under a written contract under the Scholarship Program shall consist of payment to, or (in accordance with paragraph (2)) on behalf of, the student of the amount of the tuition of the student in such school year. ``(2) Payments to schools.--The Secretary may contract with an institution of higher education described in subsection (b)(1)(A), in which a participant in the Scholarship Program is enrolled, for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in paragraph (1). Payment to such an educational institution may be made without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). ``(3) Limitation on revenue increase.--In no case shall the Secretary provide a scholarship under this section with respect to a student for a school year for an institution of higher education described in subsection (b)(1)(A) if the percentage of revenues of the institution that such institution receives from tuition for the year (taking into account the provision of this section) would increase by more than 3 percentage points from the year prior to the date of the enactment of this section. ``(f) Breach of Scholarship.-- ``(1) Failure to complete course of study.--An individual who has entered into a written contract with the Secretary under this section and who-- ``(A) fails to maintain an acceptable level of academic standing in the institution of higher education described in subsection (b)(1)(A) in which he is enrolled (such level determined by the institution under regulations of the Secretary); ``(B) is dismissed from such institution for disciplinary reasons; or ``(C) voluntarily terminates the training in such an institution for which he is provided a scholarship under such contract, before the completion of such training, in lieu of any service obligation arising under such contract, shall be liable to the United States for the amount that is equal to the sum of the total amount which has been paid to the individual, or on the behalf of the individual, under the contract plus any amount of interest, as determined by the Secretary. ``(2) Failure to complete service obligation.--If an individual breaches his written contract by failing to begin such individual's service obligation under this section, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of-- ``(A) the total amount which has been paid to the individual, or on his behalf of the individual, under the contract; ``(B) any amount of interest, as determined by the Secretary; and ``(C) the amount that is equal to 10 percent of the amount described in subparagraph (A). ``(g) Designated Primary Care or Public Health Shortage Area.--For purposes of this section, the term `designated primary care or public health shortage area' means, with respect to a State, an area designated by the Secretary, in consultation with the Governor of the State, as being without sufficient practicing primary care physicians to ensure access to primary care, public health care services, and preventive care. ``(h) Applicability of Certain Provisions.--The provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established under such subpart.''.

United States Primary and Preventive Health Care Corps Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the Primary and Public Health Scholarship Program to provide scholarships to students pursuing a health professional degree, including dentistry and behavior and mental health, in exchange for service as a health professional for not less than four years at a health care facility that serves a designated primary care or public health shortage area located in the state in which the institution of higher education is located.

To amend the Public Health Service Act to establish a Primary and Public Health Scholarship Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to improve the quality and value of health care by increasing the safety and accuracy of medical imaging examinations and radiation therapy procedures, thereby reducing duplication of services and decreasing costs. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) Qualified Personnel.-- ``(1) In general.--Effective January 1, 2013, personnel who perform or plan the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes must be qualified under this section to perform or plan such services. ``(2) Qualification.--Individuals qualified to perform or plan the technical component of medical imaging examinations or radiation therapy procedures must-- ``(A) possess current certification in each medical imaging or radiation therapy modality and service provided from a certification organization designated by the Secretary pursuant to subsection (c); or ``(B) possess current State licensure, or certification, where-- ``(i) such services and modalities are within the scope of practice as defined by the State for such profession; and ``(ii) the requirements for licensure, certification, or registration meet or exceed the standards established by the Secretary pursuant to this section. ``(3) State licensure, certification, or registration.-- ``(A) Nothing in this section diminishes the authority of a State to define requirements for licensure, certification, or registration, the requirements for practice, or the scope of practice of personnel. ``(B) The Secretary shall not take any action under this section that would require licensure by a State of those who perform or plan the technical component of medical imaging examinations or radiation therapy procedures. ``(4) Exemptions.--The qualification standards described in this subsection shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))) or to nurse practitioners and physician assistants (each as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(b) Establishment of Standards.-- ``(1) In general.--For the purposes of determining compliance with subsection (a), the Secretary, in consultation with recognized experts in the technical provision of medical imaging or radiation therapy services, shall establish minimum standards for personnel who perform, plan, evaluate, or verify patient dose for medical imaging examinations or radiation therapy procedures. Such standards shall not apply to the equipment used. ``(2) Experts.--For the purposes of this subsection, the Secretary shall select expert advisers to reflect a broad and balanced input from all sectors of the health care community that are involved in the provision of such services to avoid undue influence from any single sector of practice on the content of such standards. ``(3) Minimum standards.--Minimum standards may vary in form for each of the covered disciplines, reflecting the unique or specialized nature of the technical services provided, and shall represent expert consensus from those practicing in each of the covered disciplines as to what constitutes excellence in practice and be appropriate to the particular scope of care involved. ``(4) Allowance for additional standards.--Nothing in this subsection shall be construed to prohibit a State or certification organization from requiring compliance with higher standards than the minimum standards specified by the Secretary pursuant to this subsection. ``(5) Timeline.--The Secretary shall promulgate regulations for the purposes of carrying out this subsection no later than 18 months after the date on which this section is enacted. ``(c) Designation of Certification Organizations.-- ``(1) In general.--The Secretary shall establish a program for designating certification organizations that the Secretary determines have established appropriate procedures and programs for certifying personnel as qualified to furnish medical imaging or radiation therapy services. ``(2) Factors.--When designating certification organizations, and when reviewing or modifying the list of designated organizations for the purposes of paragraph (4)(B), the Secretary shall consider-- ``(A) whether the certification organization has established certification requirements for individuals that are consistent with or exceed the minimum standards established in subsection (b); ``(B) whether the certification organization has established a process for the timely integration of new medical imaging or radiation therapy services into the organization's certification program; ``(C) whether the certification organization has established education and continuing education requirements for individuals certified by the organization; ``(D) whether the organization has established reasonable fees to be charged to those applying for certification; ``(E) whether the examinations leading to certification by the certification organization are accredited by an appropriate accrediting body as defined in subsection (d); ``(F) the ability of the certification organization to review applications for certification in a timely manner; and ``(G) such other factors as the Secretary determines appropriate. ``(3) Equivalent education, training, and experience.-- ``(A) In general.--For purposes of this section, the Secretary shall, through regulation, provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty. Such authority shall expire seven years after the enactment of this section. ``(B) Eligibility.--The Secretary shall not recognize any individual pursuant to the authority of subparagraph (A) unless such individual-- ``(i) was performing or planning the technical component of medical imaging examinations or radiation therapy treatments prior to enactment of this section; and ``(ii) is ineligible to take the licensure or certification examination for that discipline. ``(4) Process.-- ``(A) Regulations.--The Secretary shall, by July 1, 2012, promulgate regulations for designating certification organizations pursuant to this paragraph. ``(B) Designations and list.--The Secretary shall, by January 1, 2013, make determinations regarding all certification organizations that have applied for designation pursuant to the regulations promulgated under subparagraph (A), and shall publish a list of all certification organizations that have received designation. ``(C) Periodic review and revision.--The Secretary shall periodically review the list, taking into account the factors established under paragraph (2). After such review, the Secretary may, by regulation, modify the list of certification organizations that have received designation. ``(D) Certifications prior to removal from list.-- If the Secretary removes a certification organization from the list of certification organizations designated under subparagraph (B), any individual who was certified by the certification organization during or before the period beginning on the date on which the certification organization was designated as a certification organization under subparagraph (B) and ending on the date on which the certification organization is removed from such list shall be considered to have been certified by a certification organization designated by the Secretary under subparagraph (B) for the remaining period that such certification is in effect. ``(d) Approved Accrediting Bodies.-- ``(1) In general.--The Secretary shall publish a list of entities that are approved accrediting bodies for certification organizations for purposes of subsection (c)(2)(E). The Secretary shall publish the list no later than 24 months after enactment of this section and shall revise the list as appropriate. ``(2) Requirements for approval.--The Secretary shall not approve an accrediting body for certification organizations unless the Secretary determines that such accrediting body-- ``(A) is a nonprofit organization; ``(B) is a national or international organization with accreditation programs for examinations leading to certification by certification organizations; ``(C) has established standards for recordkeeping and to minimize the possibility of conflicts of interest; and ``(D) demonstrates compliance with any other requirements established by the Secretary. ``(3) Withdrawal of approval.--The Secretary may withdraw the approval of an accrediting body if the Secretary determines that the body does not meet the standards defined in paragraph (2). ``(e) Alternative Standards for Rural and Underserved Areas.-- ``(1) In general.--The Secretary shall determine whether the standards established under subsection (a) must be met in their entirety for medical imaging examinations or radiation therapy procedures that are performed and planned in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area' or that is designated as a health professional shortage area. If the Secretary determines that alternative standards for such rural areas or health professional shortage areas are appropriate to assure access to quality medical imaging examinations or radiation therapy procedures, the Secretary is authorized to develop such alternative standards. ``(2) State discretion.--The chief executive officer of a State may submit to the Secretary a statement declaring that an alternative standard developed under paragraph (1) is inappropriate for application to such State, and such alternative standard shall not apply in such submitting State. The chief executive officer of a State may rescind a statement described in this paragraph following the provision of appropriate notice to the Secretary. ``(f) Rule of Construction.--Notwithstanding any other provision of this section, individuals who provide medical imaging examinations relating to mammograms shall continue to meet the regulations applicable under the Mammography Quality Standards Act of 1992, as amended. ``(g) Definitions.--As used in this section-- ``(1) Medical imaging.--The term `medical imaging' means any examination or procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of detecting, diagnosing, treating or impacting the progression of disease or illness. For purposes of this section, such term does not include routine dental diagnostic procedures or advanced imaging procedures as defined in section 1834(e)(1)(B) of the Social Security Act. ``(2) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation including ionizing or radio frequency radiation, to ultrasound, or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(3) Plan.--The term `plan', with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(4) Radiation therapy.--The term `radiation therapy' means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of ionizing or non-ionizing radiation.''. SEC. 4. PAYMENT AND STANDARDS FOR MEDICAL IMAGING AND RADIATION THERAPY. Section 1848(b)(4) of the Social Security Act (42 U.S.C. 1395w- 4(b)(4)) is amended-- (1) in subparagraph (A), by striking the ``imaging'' and inserting ``medical imaging and radiation therapy'' and; (2) by adding at the end the following new subparagraph: ``(C) Payment for medical imaging and radiation therapy services.--With respect to expenses incurred for the planning and performing of the technical component of medical imaging examinations or radiation therapy procedures furnished on or after January 1, 2013, payment shall be made under this section only if the examination or procedure is planned or performed by an individual who meets the requirements established by the Secretary under section 355 of the Public Health Service Act.''. SEC. 5. REPORT ON THE EFFECTS OF THIS ACT. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Finance of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report on the effects of this Act no later than 5 years after the date of the enactment of this Act. (b) Requirements.--Such report shall include the types and numbers of individuals qualified to perform or plan the technical component of medical imaging or radiation therapy services for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report.

Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2009 - Amends the Public Health Service Act to require personnel who perform or plan the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes to possess, effective January 1, 2013: (1) certification in each medical imaging or radiation therapy modality and service provided from a certification organization designated by the Secretary of Health and Human Services (HHS); or (2) state licensure or certification where such services and modalities are within the scope of practice as defined by the state for such profession and where the requirements for licensure, certification, or registration meet or exceed the standards established by the Secretary. Exempts physicians, nurse practitioners, and physician assistants. Directs the Secretary to: (1) establish minimum standards for personnel who perform, plan, evaluate, or verify patient dose for medical imaging examinations or radiation therapy procedures; (2) establish a program for designating certification organizations after consideration of specified criteria; (3) provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty; and (4) approve and publish a list of accrediting bodies for such certification organizations. Authorizes the Secretary to develop alternative standards for rural or health professional shortage areas as appropriate to assure access to quality medical imaging. Amends the Social Security Act to allow Medicare payment for medical imaging and radiation therapy services furnished on or after January 1, 2013, only if the examination or procedure is planned or performed by an individual who meets this Act's requirements.

To amend the Public Health Service Act and title XVIII of the Social Security Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly.

SECTION 1. SHORT TITLE. This Act may be cited as the ``E. Coli Eradication Act of 2009''. SEC. 2. E. COLI ERADICATION IN GROUND BEEF. Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 26. E. COLI ERADICATION IN GROUND BEEF. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall require that slaughterhouses, processing establishments, and grinding facilities described in subsection (b) test for the presence of E. coli O157:H7 (referred to in this section as `E. coli') at the following points: ``(1) One test at the slaughterhouse or processing establishment at which source trim was produced and 1 test of the source trim or bench trim at the receiving facility prior to combining with other lots from different sources. ``(2) If the source trim and grinding occurs at the same facility, 1 test of the source trim and 1 test of the final ground product. ``(b) Application.--This section applies-- ``(1) effective beginning on the date that is 180 days after the date of enactment of this section, to-- ``(A) all slaughterhouses or processing establishments that produce more than 25,000 pounds of trim per day; or ``(B) grinding facilities that grind more than 25,000 pounds of trim or bench trim per day; and ``(2) effective beginning on the date that is 3 years after the date of enactment of this section, to all slaughterhouses, processing establishments, and grinding facilities that produce or grind trim or bench trim. ``(c) Administration.--To carry out this section, the Secretary shall-- ``(1) approve definitions of lot sizes established by establishments, except that an establishment-- ``(A) shall demonstrate to the Secretary scientific justification for the definition of the lot; and ``(B) shall not define a lot as more than 2,000 pounds; ``(2) establish testing standards; ``(3) assist processors in establishing appropriate sampling plans for establishments; and ``(4) in the case of a positive sample that indicates the presence of E. coli in a lot of an establishment-- ``(A) verify that meat or meat food products contaminated with the E. coli, and the entire lot that is represented by the sample, are disposed of or treated to eradicate the E. coli (in accordance with guidelines of the Secretary) before entry into commerce; and ``(B) promulgate regulations that require that the slaughterhouse or processing establishment takes corrective action and take measures to prevent reoccurrence. ``(d) Testing.-- ``(1) In general.--A slaughterhouse or processing establishment producing or a grinding facility receiving trimmings shall test each lot using sampling standards and procedures determined by the Secretary. ``(2) Testing facilities.-- ``(A) In general.--An establishment shall use an independent testing facility that uses methods that are at least equivalent in specificity and sensitivity to the methods used by the Secretary to test beef trimmings. ``(B) Administration.--In using an independent testing facility under subparagraph (A), the establishment-- ``(i) shall contract with the facility on an annual basis; and ``(ii) shall not terminate the contract on the basis of positive test results reported by the facility. ``(3) Proficiency testing service.--A laboratory that tests beef for E. coli shall contract with a testing service to verify the proficiency of the laboratory. ``(4) Transmission of testing results.-- ``(A) In general.--Test results of any testing conducted under this subsection shall be sent to the applicable slaughterhouse, processing establishment, or grinding facility as soon as results are ready. ``(B) Transmission to secretary.--The slaughterhouse, processing establishment, or grinding facility shall report any positive or presumptive positive results directly to the Secretary through electronic means not later than 24 hours after receipt of results from a testing facility. ``(5) Habitual violators.--A slaughterhouse or processing establishment that produces or distributes trim that receives positive results that exceed the maximum allowable percentage of positive results for 3 consecutive days or more than 10 instances per year shall be listed on the public website of the Secretary as a habitual violator. ``(6) Compliance.--The Secretary shall take necessary regulatory action with respect to an establishment that fails to test, notify the Secretary of positive results, or otherwise comply with this subsection. ``(e) Imported Ground Beef.-- ``(1) In general.--Any trim, bench trim, and ground beef originating from outside the United States shall be subject to the same requirements as apply to domestic trim, bench trim, and ground beef under this section. ``(2) Verification.-- ``(A) In general.--To be eligible for importation into the United States, a foreign facility shall provide a certification of compliance with paragraph (1) to a domestic slaughterhouse, processing establishment, or grinding facility. ``(B) Secondary testing.--The domestic slaughterhouse, processing establishment, or grinding facility shall verify the results of the certification by conducting secondary testing of the trim, bench trim, or ground beef before processing into a final ground beef product.''.

E. Coli Eradication Act of 2009 - Amends the the Federal Meat Inspection Act to require that slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of E. coli O157:H7 in ground beef. Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef.

A bill to amend the Federal Meat Inspection Act to develop an effective sampling and testing program to test for E. coli O157:H7 in boneless beef manufacturing trimmings and other raw ground beef components, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Telehealth Access Act of 2005''. SEC. 2. ACCESS TO TELEHEALTH SERVICES IN THE HOME. (a) In General.--Section 1895(e) of the Social Security Act (42 U.S.C. 1395fff(e)) is amended to read as follows: ``(e) Coverage of Telehealth Services.-- ``(1) In general.--The Secretary shall include telehealth services that are furnished via a telecommunication system by a home health agency to an individual receiving home health services under section 1814(a)(2)(C) or 1835(a)(2)(A) as a home health visit for purposes of eligibility and payment under this title if the telehealth services-- ``(A) are ordered as part of a plan of care certified by a physician pursuant to section 1814(a)(2)(C) or 1835(a)(2)(A); ``(B) do not substitute for in-person home health services ordered as part of a plan of care certified by a physician pursuant to such respective section; and ``(C) are considered the equivalent of a visit under criteria developed by the Secretary under paragraph (3). ``(2) Physician certification.--Nothing in this section shall be construed as waiving the requirement for a physician certification under section 1814(a)(2)(C) or 1835(a)(2)(A) for the payment for home health services, whether or not furnished via a telecommunication system. ``(3) Criteria for visit equivalency.-- ``(A) Standards.--The Secretary shall establish standards and qualifications for categorizing and coding under HCPCS codes telehealth services under this subsection as equivalent to an in-person visit for purposes of eligibility and payment for home health services under this title. In establishing the standards and qualifications, the Secretary may distinguish between varying modes and modalities of telehealth services and shall consider-- ``(i) the nature and amount of service time involved; and ``(ii) the functions of the telecommunications. ``(B) Limitation.--A telecommunication that consists solely of a telephone audio conversation, facsimile, electronic text mail, or consultation between two health care practitioners is not considered a visit under this subsection. ``(4) Telehealth service.-- ``(A) Definition.--For purposes of this section, the term `telehealth service' means technology-based professional consultations, patient monitoring, patient training services, clinical observation, assessment, or treatment, and any additional services that utilize technologies specified by the Secretary as HCPCS codes developed under paragraph (3). ``(B) Update of hcpcs codes.--The Secretary shall establish a process for the updating, not less frequently than annually, of HCPCS codes for telehealth services. ``(5) Conditions for payment and coverage.--Nothing in this subsection shall be construed as waiving any condition of payment under sections 1814(a)(2)(C) or 1835(a)(2)(A) or exclusion of coverage under section 1862(a)(1). ``(6) Cost reporting.--Notwithstanding any provision to the contrary, the Secretary shall provide that the costs of telehealth services under this subsection shall be reported as a reimbursable cost center on any cost report submitted by a home health agency to the Secretary.''. (b) Effective Date.-- (1) The amendment made by subsection (a) shall apply to telehealth services furnished on or after October 1, 2006. The Secretary of Health and Human Services shall develop and implement criteria and standards under section 1895(e)(3) of the Social Security Act, as amended by subsection (a), by no later than July 1, 2006. (2) In the event that the Secretary has not complied with these deadlines, beginning October 1, 2006, a home health visit for purpose of eligibility and payment under title XVIII of the Social Security Act shall include telehealth services under section 1895(e) of such Act with the aggregate of telecommunication encounters in a 24-hour period considered the equivalent of one in-person visit. SEC. 3. REMOTE MONITORING PILOT PROJECTS. (a) Pilot Program Authorized.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall initiate and carry out pilot projects (each in this section referred to as a ``pilot project'') in a variety of geographic locations that provide incentives to home health agencies to utilize home monitoring and communications technologies that will-- (1) enhance health outcomes for individuals enrolled under parts A and B of title XVIII of the Social Security Act; and (2) reduce part A and B program expenditures for institutional and other providers, practitioners, and suppliers of health care items and services. (b) Individuals Within the Scope of Pilot.-- (1) In general.--The Secretary shall specify, in accordance with this subsection, the criteria for identifying those individuals who shall be considered within the scope of the pilot projects under this section for purposes of the incentive payments under subsection (c) and for assessment of the effectiveness of the home health agency in achieving the objectives of the section. (2) Participation of individuals not receiving home health services.--Participation in these pilot projects shall not be limited to individuals receiving home health services under part A or part B of title XVIII of the Social Security Act. (c) Incentive Payments.-- (1) In general.--Subject to paragraph (2), the Secretary shall pay to each home health agency participating in a pilot project an amount for each year under the pilot project equal to at least 50 percent of the reduction in expenditures under such parts realized for such year due to the agency's participation in the project. The computation of such reduction shall be based on the Secretary's estimate of the amount by which the amount of expenditures under such parts for the individuals under the pilot project is less than the amount that would have been expended under such parts for such individuals if the project were not implemented. In determining the estimate, the Secretary may use estimates for expenditures for individuals who are not participating in the project and who are comparable to individuals participating in the project. (2) Limitation on expenditures.--The Secretary shall limit incentive payments under this subsection as necessary to ensure that the aggregate expenditures under title XVIII of the Social Security Act (inclusive of such incentive payments) with respect to patients within the scope of the pilot projects do not exceed the amount that the Secretary estimates would be expended under such title if the pilot projects under this section were not implemented. (d) Construction.--Nothing in this section shall limit the amount of payment (other than under subsection (c)) a home health agency may receive for home health services provided to eligible individuals under part A or part B of title XVIII of the Social Security Act. (e) Implementation Date.--The Secretary shall implement the pilot projects authorized by this section no later than nine months after the date of the enactment of this Act. (f) Expansion of the Pilot Project.--If the Secretary determines that any of the pilot projects-- (1) result in a decrease in Federal expenditures under title XVIII of the Social Security Act; and (2) maintain or enhance health outcomes for the participating beneficiaries, the Secretary may initiate or extend comparable projects in additional areas.

Medicare Home Health Telehealth Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the current requirements for Medicare coverage of telehealth services under the prospective payment system. Requires the Secretary of Health and Human Services to treat as a home health visit any telehealth services furnished by a home health agency via a telecommunication system to an individual receiving home health services, if the telehealth services: (1) are ordered as part of a plan of care certified by a physician; (2) (as under current law) do not substitute for in-person home health services ordered as part of a plan of care certified by a physician; and (3) are considered the equivalent of a visit under criteria developed by the Secretary. Directs the Secretary to initiate and carry out projects in a variety of geographic locations that provide incentives to home health agencies to utilize home monitoring and communications technologies that will: (1) enhance health outcomes for individuals enrolled under Medicare parts A and B; and (2) reduce part A and B program expenditures for institutional and other providers, practitioners, and suppliers of health care items and services. Authorizes the Secretary to pay incentive payments to each home health agency participating in a pilot project. Provides that, if the Secretary determines that any of the pilot projects results in decreased federal Medicare expenditures, and maintains or enhances health outcomes for the participating beneficiaries, the Secretary may initiate or extend comparable projects in additional areas.

To amend title XVIII of the Social Security Act to provide for access to telehealth services in the home.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Arctic Energy Development Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) Alaska is the only Arctic State in the United States; (2) Alaska contributes 17 percent of the oil production of the United States, and the Arctic region of the State of Alaska is believed to hold considerable reserves of oil and natural gas needed for the future energy security of the United States; (3) the marine mammals and other fish and wildlife resources of the Arctic are-- (A) critical to meet the subsistence needs of indigenous residents of Alaska; (B) a source of significant nonconsumptive use and nonuse value to the United States; and (C) vulnerable to the impacts of oil and gas exploration and production; (4) the Arctic and the natural resources of the Arctic are particularly vulnerable to the impacts of oil spills due to the uniqueness of and limited access to the region, including-- (A) remote location that makes oil spill emergency response capabilities slower and more difficult; (B) cold temperatures and ice cover that slow the natural degradation and dissipation of spilled oil; and (C) increased susceptibility of Arctic wildlife that are highly dependent on insulation, which would be greatly decreased by oil cover; (5) Alaska lacks the essential geospatial framework for safe navigation, accident prevention, and oil spill response capabilities that are available to the rest of the United States; (6) existing Federal research and science advisory programs focused on the environmental and socioeconomic impacts of oil and gas development in the Arctic would benefit from-- (A) a more cohesive, coordinated, and integrated approach; and (B) better coordination with State, local, and private-sector Arctic research programs; and (7) oil spill from the mobile offshore drilling unit Deepwater Horizon in the Gulf of Mexico has highlighted the need for stronger oil spill prevention and response research and planning for future development on the outer Continental Shelf of the United States. SEC. 3. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION. (a) In General.--The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration and in collaboration with the heads of other agencies or departments of the United States with appropriate Arctic science expertise, shall direct research and take action to improve the ability of the United States to conduct oil spill prevention, response, and recovery in Arctic waters. (b) Inclusions.--Research and action under this section shall include the prioritization of resources-- (1) to address-- (A) ecological baselines and environmental sensitivity indexes; (B) identification of ecological important areas, critical habitats, and migratory behaviors; (C) the development of oil spill trajectory models in Arctic marine conditions; (D) the collection of observational data essential for response strategies in the event of an oil spill during both open water and ice-covered seasons, including data relating to oil spill trajectory models that include data on-- (i) currents; (ii) winds; (iii) weather; (iv) waves; and (v) ice forecasting; (E) the development of a robust operational monitoring program during the open water and ice- covered seasons; (F) improvements in technologies and understanding of cold water oil recovery and restoration; and (G) the integration of local and traditional knowledge into oil recovery research studies; and (2) to establish a robust geospatial framework for safe navigation and oil spill response through increased-- (A) hydrographic and bathymetric surveying, mapping, and navigational charting; (B) geodetic positioning; and (C) monitoring of tides, sea levels, and currents in the Arctic. SEC. 4. ARCTIC OIL AND GAS DEVELOPMENT. (a) In General.--Title VI of the Oil Pollution Act of 1990 is amended by inserting after section 6002 (33 U.S.C. 2752) the following: ``SEC. 6003. ARCTIC OIL AND GAS DEVELOPMENT. ``The Administrator of the National Oceanic and Atmospheric Administration and the Commandant of the Coast Guard, in consultation with the Secretary of the Department of Interior when applicable, shall use amounts made available under the Responsible Arctic Energy Development Act of 2010 to carry out research and related activities in advance of energy exploration and production and related activities in the Arctic, including-- ``(1) research into oil spill prevention and response in varying Arctic ice conditions (including pack ice, broken ice, and landfast ice); ``(2) establishment of oil spill response capabilities in the Arctic, including oiled wildlife response capabilities; ``(3) research into the effectiveness of oil spill response strategies, such as-- ``(A) the use and application of dispersants (including research on toxicity of dispersants) in Arctic conditions; ``(B) the impacts of dispersed oil in the water column and benthic habitats and sediments; ``(C) the black carbon impacts of in-situ burning; ``(D) the effects of mechanical oil removal methods on benthic habitats; ``(E) the impacts of spill response strategies on the Arctic food web; ``(F) identification of options for restoration of natural resources in the event of an Arctic oil spill, including development of oiled wildlife response strategies for large mammals; ``(G) scientific assessment of and research into effects of oil on biota that depend on ice habitats; ``(H) the locating and tracking of oil on the surface and in the water column, under Arctic conditions, using acoustic and remote sensing technology; and ``(I) the weathering and persistence of spilled oil in the Arctic environment; ``(4) a comprehensive scientific gap analysis to determine future research and ocean observation needs for the safe and responsible development of Arctic energy; ``(5) scientific assessment of and research into Arctic species, such as whales, ice seals, walrus, polar bears, and fishery resources, including the economic and social importance of those resources and the documentation of local and traditional knowledge about those species; ``(6) monitoring and research authorized under existing Alaska Native organization marine mammal comanagement agreements; ``(7) Environmental Sensitivity Index or digital database mapping of the Arctic coast and Bering Strait regions; ``(8) research into Arctic ocean current and wind trajectories, changing ice pack conditions, and ongoing monitoring and observing of ocean conditions; ``(9) marine debris research and removal projects and activities; and ``(10) adherence to data management standards established by the Integrated Ocean Observing System for ocean data variables.''. (b) Conforming Amendment.--The table of contents of the Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by striking the item relating to section 6003 and inserting the following: ``Sec. 6003. Arctic oil and gas development.''. SEC. 5. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION. (a) In General.--The Commandant of the Coast Guard shall assess and take action to reduce the risk and improve the capability of the United States to respond to a maritime disaster in the United States Beaufort and Chukchi Seas. (b) Matters To Be Addressed.--The assessment and actions referred to in subsection (a) shall include the prioritization of resources to address-- (1) oil spill prevention and response capabilities and infrastructure; (2) the coordination of contingency plans and agreements with other agencies and departments of the United States, industry, and foreign governments to respond to an Arctic oil spill; (3) the expansion of search and rescue capabilities, infrastructure, and logistics, including improvements of the Search and Rescue Optimal Planning System; (4) the provisional designation of places of refuge; (5) the evaluation and enhancement of navigational infrastructure; (6) the evaluation and enhancement of vessel monitoring, tracking, and automated identification systems and navigational aids and communications infrastructure for safe navigation and marine accident prevention in the Arctic; (7) shipping traffic risk assessments for the Bering Strait and the Chukchi and Beaufort Seas; and (8) the integration of local and traditional knowledge and concerns into prevention and response strategies. SEC. 6. FEDERAL OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. (a) Interagency Coordinating Committee on Oil Pollution Research.-- Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended-- (1) in subsection (a), by adding at the end the following: ``(5) Vice chairmen.-- ``(A) In general.--There shall be 2 Vice Chairmen of the Interagency Committee, of whom-- ``(i) the Administrator of the National Oceanic and Atmospheric Administration shall serve as the Vice Chairman for Marine Science Research; and ``(ii) the Administrator of the Environmental Protection Agency shall serve as the Vice Chairman for Environmental Science Research. ``(B) Duties.--Each Vice Chairman shall coordinate Federal oil pollution research carried out by the agency overseen by the Vice Chairman. ``(6) Functions.--The Interagency Committee shall-- ``(A) coordinate Federal oil pollution research, technology development, and demonstration among the Federal agencies; ``(B) complete a research assessment on the status of Federal oil pollution prevention and response capabilities; ``(C) develop a Federal oil pollution research and technology plan, pursuant to subsection (b); and ``(D) with regard to Arctic waters-- ``(i) prioritize resources to address-- ``(I) ecological baselines and Environmental Sensitivity Indexes; ``(II) identification of ecologically important areas, critical habitats, and migratory behaviors; ``(III) improvements in oil technologies for collecting observational data essential for safe navigation and response strategies in the event of an oil spill in both open water and ice-covered seasons, including data relating to-- ``(aa) currents; ``(bb) winds; ``(cc) weather; ``(dd) waves; ``(ee) oil spill monitoring; and ``(ff) ice forecasting; ``(IV) development of a robust operational monitoring program during the open water and ice-covered seasons; ``(V) improvements in technologies and understanding of cold water oil recovery and restoration; and ``(VI) the integration of local and traditional knowledge into oil recovery research studies; and ``(ii) conduct hydrographic and bathymetric surveys and improve navigational charting of Arctic waters.''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``Within 180 days after the date of enactment of this Act'' and inserting ``Not later than January 1, 2010, and biennially thereafter''; and (B) in paragraph (2), by striking ``Department of Transportation'' and inserting ``Department of Homeland Security''. SEC. 7. RISK ASSESSMENT. (a) Requirement for Risk Assessment.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Interagency Coordinating Committee on Oil Pollution Research shall request the National Research Council to conduct a risk assessment-- (A) to identify and evaluate spill prevention and response standards in effect as of that date; and (B) to develop recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters. (2) Inclusions.--The assessment under subsection (a) shall include the recommendations of the National Research Council to identify a comprehensive suite of measures, based on the best available technology, designed to prevent and respond to oil spills in the Arctic. (b) Submission to Committee, Congress.--The National Research Council shall concurrently submit the risk assessment described in subsection (a) to-- (1) the Interagency Coordinating Committee on Oil Pollution Research; (2) the Committee on Commerce, Science, and Transportation of the Senate; and (3) the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 8. EXEMPTION OF OIL POLLUTION RESEARCH AND DEVELOPMENT PROJECTS FROM ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT. (a) In General.--Notwithstanding any other provision of law, testing of oil spill prevention, response, or mitigation technology for use in Arctic waters shall not constitute a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), on the condition that the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, and the Secretary of Commerce unanimously find that-- (1) the testing is necessary to advance that technology; (2) no reasonable alternative to the testing is available; and (3) the testing does not represent a serious threat to the environment. (b) Judicial Review.--Any action of Federal officers pursuant to this section, or any action relating to such an action, shall not be subject to judicial review. SEC. 9. PROCUREMENT OF RESPONSE MATERIALS. (a) In General.--The procurement of an item for the purpose of oil pollution prevention, mitigation, response, or cleanup, or for the research, testing, or development of such capacity, shall be considered, regardless of the origin of the item, to be consistent with the public interest. (b) Inapplicability of Certain Provisions.--Any provision of law that would otherwise prohibit or restrict the procurement of, or the expenditure of funds for the procurement of, an item under subsection (a) shall not apply to the procurement of the item. SEC. 10. WAIVER OF RESTRICTIONS ON WATER TESTING OF OIL SPILL RESPONSE CAPABILITIES. Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Interior, and other appropriate Federal, State, and local authorities, may waive any restriction under this Act, an amendment made by this Act, or any other provision of law that prevents or restricts the testing, in the navigable waters or in any other area under the jurisdiction of the United States, of oil spill response capabilities of the United States. SEC. 11. FUNDING FOR RESCUE, REHABILITATION, AND RECOVERY OF MARINE SPECIES. Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is amended by adding at the end the following: ``(e) Rescue, Rehabilitation, and Recovery of Marine Species.-- Amounts in the Fund shall be available to the Administrator of the National Oceanic and Atmospheric Administration, without further appropriation or fiscal year limitation, to sustain nationwide rescue, rehabilitation, and recovery capabilities for marine mammals, marine birds, and sea turtles injured by oil pollution, in an amount not to exceed $20,000,000 annually.''. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as are necessary.

Responsible Arctic Energy Development Act of 2010 - Requires the National Oceanic and Atmospheric Administration (NOAA), in collaboration with other federal agencies, to direct research and take action to improve oil spill prevention, response, and recovery in Arctic waters. Amends the Oil Polllution Act of 1990 to require the NOAA Administrator and the Commandant of the Coast Guard to use amounts made available under this Act for research and related activities in advance of energy exploration and production in the Arctic. Requires the Coast Guard to assess and take action to reduce the risk of, and improve U.S. response to, a maritime disaster in the Beaufort and Chukchi Seas. Sets forth additional Interagency Committee Coordinating Committee on Oil Pollution Research functions, including requiring the Committee to request the National Research Council to conduct an oil spill risk assessment and make recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters.

A bill to direct the Administrator of the National Oceanic and Atmospheric Administration to institute research into the special circumstances associated with oil spill prevention and response in the Arctic waters, including assessment of impacts on Arctic marine mammals and other wildlife, marine debris research and removal, and risk assessment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Access Act''. SEC. 2. AVAILABILITY OF MARIHUANA FOR MEDICAL USE. (a) Rescheduling.-- (1) Recommendation by hhs.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Institute of Medicine of the National Academy of Sciences, shall submit to the Administrator of the Drug Enforcement Administration a recommendation to transfer marihuana from schedule I under section 202 of the Controlled Substances Act (21 U.S.C. 812) to a schedule under such section 202 other than schedule I. (2) Final rule.--Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, taking into consideration the recommendation under paragraph (1), issue a final rule to transfer marihuana from schedule I under section 202 of the Controlled Substances Act (21 U.S.C. 812) to a schedule under such section other than schedule I. (b) Cannabidiol.-- (1) In general.--Paragraph (16) of section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (A) by striking ``(16) The'' and inserting ``(16)(A) The''; and (B) by adding at the end the following: ``(B) Cannabidiol-- ``(i) is excluded from the definition of marihuana under subparagraph (A); and ``(ii) shall not be treated as a controlled substance under this Act.''. (2) Definition.--Section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by paragraph (1), is further amended by adding at the end the following: ``(57) The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or synthetically formulated, that contains not greater than 0.3 percent delta-9- tetrahydrocannabinol on a dry weight basis.''. (3) Cannabidiol determination by the states.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(j) Cannabidiol Determination.--If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to ensure that marihuana grown or processed for purposes of making cannabidiol meets such concentration limitation.''. (c) Regulation Under State Law.-- (1) In general.--In a State in which marihuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict in such State in accordance with such State law-- (A) the prescription of marihuana by a physician for medical use; (B) an authorized patient under such State law from obtaining, possessing, transporting, or using marihuana for that patient's medical use; (C) a caregiver for an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such authorized patient; (D) the legally recognized parent or guardian of a minor who is an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such minor; (E) an entity from producing, processing, or otherwise manufacturing marihuana for medical use, as authorized under such State law; (F) an entity from distributing marihuana for medical use, as authorized under such State law; (G) a pharmacy or other health care provider from dispensing marihuana to an authorized patient for medical use, as authorized under such State law; or (H) a laboratory or other entity from performing safety, quality, or efficacy testing of marihuana for medical use, as authorized under such State law or under Federal law. (2) Cannabidiol.--Notwithstanding the exclusion of cannabidiol from the definition of marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended, and section 5 of this Act, this subsection applies with respect to cannabidiol, as defined in such section 102, to the same extent and in the same manner as this subsection applies with respect to marihuana. SEC. 3. RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall delegate responsibility under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) for control over access to marihuana for research into its potential medicinal uses to an agency of the executive branch that is not focused on researching the addictive properties of substances. Such agency shall take appropriate actions to ensure that an adequate supply of marihuana is available for such medicinal research. (b) Consideration of Other Research in Scheduling.--Research that is performed in a scientifically sound manner in a State where marihuana or cannabidiol is legal for medical purposes, and in accordance with such State's law, but that does not use marihuana from federally approved sources, may be considered for purposes of rescheduling marihuana under section 202 of the Controlled Substances Act (21 U.S.C. 812). SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING. This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public. SEC. 5. DEFINITIONS. In this Act: (1) Authorized patient.--The term ``authorized patient'' means an individual using marihuana in accordance with a prescription by a physician for medical use. (2) Marihuana.--Except as provided in section 2(c)(2), the term ``marihuana'' has the meaning given to such term in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b). (3) Physician.--The term ``physician'' means a practitioner of medicine, who-- (A) graduated from a college of medicine or osteopathy; and (B) is licensed to practice medicine by the appropriate State board. (4) Prescription.--The term ``prescription'' means an instruction written by a medical physician in accordance with applicable State law that authorizes the provision of a medicine or treatment to a patient. (5) State.--The term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

Compassionate Access Act This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana. It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to: exclude "cannabidiol" (CBD) from the definition of "marijuana" and remove it from coverage under the CSA; limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3% on a dry weight basis; and deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable. No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing; a patient, caregiver, or guardian from obtaining, possessing, or transporting; an entity from producing, processing, manufacturing, or distributing; a pharmacy from dispensing; or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law. The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research.

Compassionate Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Integrity and Pension Forfeiture Act of 2007''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in, and pledge to uphold, the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have been convicted of a felony. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) with respect to which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed after the date of enactment of this subsection. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of section 201 (bribery of public officials and witnesses), 203 (compensation to Members of Congress, officers, and others in matters affecting the Government), 204 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress), 219 (officers and employees acting as agents of foreign principals), 286 (conspiracy to defraud the Government with respect to claims), 287 (false, fictitious or fraudulent claims), 371 (conspiracy to commit offense or to defraud the United States), 597 (expenditures to influence voting), 599 (promise of appointment by candidate), 602 (solicitation of political contributions), 606 (intimidation to secure political contributions), 607 (place of solicitation), 641 (public money, property or records), 1001 (statements or entries generally), 1341 (frauds and swindles), 1343 (fraud by wire, radio, or television), 1503 (influencing or injuring officer or juror), 1951 (interference with commerce by threats or violence), 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), or 1962 (prohibited activities) of title 18 or section 7201 (attempt to evade or defeat tax) of the Internal Revenue Code of 1986. ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date as of which the conviction becomes final, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) The Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(6) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) with respect to which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed after the date of enactment of this subsection. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date as of which the conviction becomes final, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) The Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(6) For purposes of this subsection the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''.

Congressional Integrity and Pension Forfeiture Act of 2007 - Amends federal civil service law, with respect to both the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS), to require the Office of Personnel and Management (OPM) to prescribe regulations that deny eligibility under CSRS or FERS for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) after enactment of this Act. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual. Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

To amend title 5, United States Code, to deny retirement benefits accrued by an individual as a Member of Congress if such individual is convicted of any of certain offenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Revitalization Energy Conservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although conservation measures and energy efficiency technologies have shown significant gains in usage over the past three decades, there remains the need and opportunity for widespread adoption of energy conservation measures and utilization of new energy efficiency technologies. (2) Energy efficiency is in the national interest for our long-term economic well being, for the health and safety of our citizens and the world as we mitigate the effects of climate change, and for our independence and security. (3) Energy inefficiencies account for at least 50 percent of all United States energy use. (4) United States electricity use could be reduced by 70 percent through efficiency gains alone. (5) Estimates indicate that although the average United States household's energy costs are equal to seven percent of household income, low-income households spend 17 percent of household earnings on energy. (6) The rehabilitation, retrofitting, and construction of residential, commercial, and public facilities will create jobs that benefit community residents, facility owners, facilities, and the environment. (7) The energy saving benefit of such programs, if they can be implemented on a national basis, would contribute significantly to our energy independence and security. Buildings account for 40 percent of total United States energy consumption; 70 percent of United States electricity consumption; and 43 percent of United States carbon emissions, a larger share than either transportation or industry. (8) Research, development, and deployment of renewable energy, advanced battery technologies, technologies to reduce fossil fuel consumption, and technologies to reduce energy consumption in buildings are vital to the rebuilding of the economy of the United States. SEC. 3. INCREASE IN NATIONAL LIMITATION FOR QUALIFIED ENERGY CONSERVATION BONDS. (a) In General.--Section 54D(d) of the Internal Revenue Code of 1986 is amended by striking ``$800,000,000'' and inserting ``$3,600,000,000''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 4. CLARIFICATION OF QUALIFIED CONSERVATION PURPOSES WITH RESPECT TO QUALIFIED ENERGY CONSERVATION BONDS. (a) In General.--For purposes of section 54D(f)(A)(ii) of the Internal Revenue Code of 1986, capital expenditures for green community programs include programs that-- (1) reduce energy consumption in privately owned buildings, such as programs described in subsection (b); and (2) cover recruiting and training local workers for the jobs created by activities described in subsection (b) or by other green community programs. (b) Program Described.-- (1) In general.--A program described in this subsection is a program which is implemented by a State or local government, or a designee, and in which the costs of identifying and making building improvements and related efficiency services are repayable by property owners or renters over time through a periodic fee. (2) Improvements.--Improvements described in paragraph (1) may include heating, cooling, lighting, water-saving, or stormwater-reducing measures or other measures that result in reduced energy use. (3) Periodic fee.--The periodic fee described in paragraph (1) is a fee which-- (A) is equal to or approximates the savings in energy costs associated with the building improvements and achieved during the fee period; and (B) is assessed on a government bill, such as a bill issued for municipal services or for property taxes, or on a private utility bill, such as a bill issued for electricity, water, or natural gas service. SEC. 5. REPORTING REQUIREMENT. The Secretary of the Treasury shall submit to Congress and publish in the Federal Register an annual report on projects for which qualified energy conservation bonds (as defined in section 54D of the Internal Revenue Code of 1986) are issued. Such report shall include-- (1) the name and address of the issuer, (2) the date of the issue, the amount of net proceeds of the issue, the stated interest rate, term, and the face amount of each bond which is part of such issue, the amount of issuance costs of the issue, and the amount of reserves of the issue, (3) the name and address of-- (A) each initial principal user of any facility provided with the proceeds of the issue, and (B) the common parent of any affiliated group of corporations (within the meaning of section 1504(a) of such Code) of which such initial principal user is a member, and (4) a description of any property to be finance from the proceeds of the issue. SEC. 6. OFFSET. (a) Prohibition.--Except as provided in subsection (b), no amounts appropriated or otherwise made available for fiscal year 2009 (or for a fiscal year before fiscal year 2009 that remain available for obligation) may be obligated or expended, and no obligated amounts that remain available for expenditure may be expended, for the F-22A Raptor Fighter Aircraft. (b) Exception for Windup of Program.--Amounts covered by the prohibition under subsection (a) may be utilized solely for purposes in connection with the winding up of the program described in that subsection. (c) Repeal of Multiyear Procurement Authority for F-22A Raptor Fighter Aircraft.--Effective as of October 17, 2006, section 134 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), relating to multiyear procurement authority for F-22A Raptor fighter aircraft, is repealed.

Community Revitalization Energy Conservation Act - Amends the Internal Revenue Code to increase to $3.6 billion the national limitation on the issuance of qualified energy conservation bonds. Expands the purposes of green community programs to include the reduction of energy consumption in privately owned buildings and the recruiting and training of local workers in green community program jobs. Requires the Secretary of the Treasury to submit to Congress and publish in the Federal Register an annual report on projects for which qualified energy conservation bonds are issued. Provides for offsets to the cost of this Act by prohibiting FY2009 expenditures (except for program windup costs) and repealing multiyear procurement authority for the F-22A Raptor fighter aircraft.

A bill to amend the Internal Revenue Code of 1986 to increase the national limitation on qualified energy conservation bonds and to clarify that certain programs constitute a qualified conservation purpose, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural and Urban Health Care Act of 2001''. SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES. (a) Requirements.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in the section 101(a)(15)(i)(c), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education, or has received nursing education in the United States or Canada; ``(B) has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (or has passed another appropriate examination recognized in regulations promulgated in consultation with the Secretary of Health and Human Services), or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to take the State licensure examination after entry into the United States, and the lack of a social security number shall not indicate a lack of eligibility to take the State licensure examination. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed at the facility. ``(ii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. ``(iii) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered staff nurse who provides patient care and who is employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition for clarification of such an alien under section 101(a)(15)(H)(i)(c), and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(iv) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed by the employer at the facility through posting in conspicuous locations. ``(v) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. ``(B) A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing. ``(C) The Secretary of Labor shall review an attestation only for completeness and obvious inaccuracies. Unless the Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall certify the attestation within 7 calendar days of the date of the filing of the attestation. If the attestation is not returned to the facility within 7 calendar days, the attestation shall be deemed certified. ``(D) Subject to subparagraph (F), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the three-year period beginning on the date of its filing with the Secretary; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the three-year period beginning on the date of its filing with the Secretary if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(E) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. ``(F)(i) The Secretary shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for classification of nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) and each such petition filed by the facility. ``(ii) The Secretary shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary, but excluding any governmental agency or entity). The Secretary shall conduct an investigation under this clause if there is probable cause to believe that a facility willfully failed to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether or not an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has willfully failed to meet a condition attested to or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(ii) (relating to payment of registered nurses at the facility wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(G)(i) The Secretary shall impose on a facility filing an attestation under subparagraph (A) a filing fee in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be for an initial period not to exceed three years, subject to an extension for a period or periods not to exceed a total period of admission of six years. ``(4) A facility that has filed a petition under section 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; and ``(B) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(5)(A) For purposes of paragraph (2)(A)(iii), the term `lay off', with respect to a worker-- ``(i) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. ``(B) Nothing in this paragraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c), the term `facility' includes a hospital, nursing home, skilled nursing facility, registry, clinic, assisted-living center, and an employer who employs any registered nurse in a home setting. ``(7) Except as otherwise provided, in this subsection, the term `Secretary' means the Secretary of Labor.''. (b) Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act (as amended by subsection (a)) The amendments made by this section shall take effect not later than 90 days after the date of the enactment of this Act, without regard to whether or not regulations to carry out such amendments have been promulgated by such date. SEC. 3. REPEAL. Section 3 of the Nursing Relief for Disadvantaged Areas Act of 1999 (Public Law 106-95; 8 U.S.C. 1182 note; relating to recommendations for alternative remedy for nursing shortage) is repealed. SEC. 4. QUALIFICATION FOR CERTAIN ALIEN NURSES. (a) Elimination of Certain Grounds of Inadmissability.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by striking subsections (a)(5)(C) and (r). (b) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended by adding at the end the following new sentence: ``Any such petition filed on behalf of an alien who will be employed as a professional nurse shall include evidence that the alien-- ``(i) has passed-- ``(I) the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS); or ``(II) another appropriate examination recognized in regulations promulgated in consultation with the Secretary of Health and Human Services; or ``(ii) holds a full and unrestricted license to practice professional nursing in the State of intended employment.''. SEC. 5. WAIVERS OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT. (a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)) is amended-- (1) in paragraph (1)(B), by striking ``20'' and inserting ``40, plus the number of waivers specified in paragraph (4)''; and (2) by adding at the end the following new paragraph: ``(4) The number of waivers specified in this paragraph is the total number of unused waivers allotted to all States for a fiscal year divided by the number of States having no unused waivers remaining in the allotment to those States for that fiscal year.''. (b) Elimination of Termination Date.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416, as amended; 8 U.S.C.1182 note) is amended by striking ``and before June 1, 2002''. SEC. 6. OTHER MEASURES TO MEET RURAL AND URBAN HEALTH CARE NEEDS. (a) Grant Authority.--The Secretary of Health and Human Services shall award grants to States, local governments, and institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965) to fund training, recruitment, and other activities to increase the supply of domestic registered nurses and other needed health care providers. (b) Application.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary of Health and Human Services at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Health and Human Services determines to be essential to ensure compliance with the requirements of this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Health and Human Services such sums as may be necessary to carry out this section.

Rural and Urban Health Care Act of 2001 - Amends the Immigration and Nationality Act to: (1) revise admission requirements for nonimmigrant alien nurses, including increasing the type of qualifying employer-facilities; (2) revise related immigrant status provisions; and (3) increase the number of annual two-year foreign residency requirement waivers for aliens receiving graduate medical education or training in the United States.Directs the Secretary of Health and Human Services to award grants to States, local governments, and institutions of higher education for recruitment and training of domestic registered nurses and other health care providers.

A bill to amend the Immigration and Nationality Act with respect to the admission of nonimmigrant nurses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volcker Rule Regulatory Harmonization Act''. SEC. 2. RULEMAKING AUTHORITY UNDER THE VOLCKER RULE. (a) In General.--Paragraph (2) of section 13(b) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(b)(2)) is amended to read as follows: ``(2) Rulemaking.-- ``(A) In general.--The Board may, as appropriate, consult with the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, or the Commodity Futures Trading Commission to adopt rules or guidance to carry out this section, as provided in subparagraph (B). ``(B) Rulemaking requirements.--In adopting a rule or guidance under subparagraph (A), the Board-- ``(i) shall consider the findings of the report required in paragraph (1) and, as appropriate, subsequent reports; ``(ii) shall assure, to the extent possible, that such rule or guidance provide for consistent application and implementation of the applicable provisions of this section to avoid providing advantages or imposing disadvantages to the companies affected by this subsection and to protect the safety and soundness of banking entities and nonbank financial companies supervised by the Board; and ``(iii) shall include requirements to ensure compliance with this section, such as requirements regarding internal controls and recordkeeping. ``(C) Authority.--The Board shall have sole authority to issue and amend rules under this section after the date of the enactment of this paragraph. ``(D) Conforming authority.-- ``(i) Continuity of regulations.--Any rules or guidance issued under this section prior to the date of enactment of this paragraph shall continue in effect until the Board issues a successor rule or guidance, or amends such rule or guidance, pursuant to subparagraph (C). ``(ii) Applicable guidance.--In performing examinations or other supervisory duties, the appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, as appropriate, shall update any applicable policies and procedures to ensure that such policies and procedures are consistent (to the extent practicable) with any rules or guidance issued pursuant to subparagraph (C).''. (b) Conforming Amendments.--Section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851) is amended-- (1) by striking ``the appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission,'' each place it appears and inserting ``the Board''; (2) by striking ``appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission'' each place it appears and inserting ``Board''; (3) in subsection (c)(5), by striking ``Notwithstanding paragraph (2)'' and all that follows through ``provided in subsection (b)(2),'' and inserting ``The Board shall have the authority''; and (4) in subsection (d)(1)-- (A) in subparagraph (F)(ii)-- (i) by striking ``the appropriate Federal banking agencies'' and inserting ``the Board''; and (ii) by striking ``have not jointly'' and inserting ``has not''; and (B) in subparagraph (G)(viii), by striking ``appropriate Federal banking agencies, the Securities and Exchange Commission, or the Commodity Futures Trading Commission,'' and inserting ``Board,''. SEC. 3. ENFORCEMENT; ANTI-EVASION. (a) In General.--Subsection (e) of section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(e)) is amended to read as follows: ``(e) Enforcement; Anti-Evasion.-- ``(1) Appropriate federal banking agency.--Notwithstanding any other provision of law except for any rules or guidance issued under subsection (b)(2), whenever the appropriate Federal banking agency has reasonable cause to believe that a banking entity or nonbank financial company supervised by the Board has made an investment or engaged in an activity in a manner that either violates the restrictions under this section, or that functions as an evasion of the requirements of this section (including through an abuse of any permitted activity), such appropriate Federal banking agency shall order, after due notice and opportunity for hearing, the banking entity or nonbank financial company supervised by the Board to terminate the activity and, as relevant, dispose of the investment. ``(2) Securities and exchange commission and commodity futures trading commission.-- ``(A) In general.--Notwithstanding any other provision of law except for any rules or guidance issued under subsection (b)(2), whenever the Securities and Exchange Commission or the Commodity Futures Trading Commission, as appropriate, has reasonable cause to believe that a covered nonbank financial company for which the respective agency is the primary Federal regulator has made an investment or engaged in an activity in a manner that either violates the restrictions under this section, or that functions as an evasion of the requirements of this section (including through an abuse of any permitted activity), the Securities and Exchange Commission or the Commodity Futures Trading Commission, as appropriate, shall order, after due notice and opportunity for hearing, the covered nonbank financial company to terminate the activity and, as relevant, dispose of the investment. ``(B) Covered nonbank financial company defined.-- In this paragraph, the term `covered nonbank financial company' means a nonbank financial company (as defined in section 102 of the Financial Stability Act of 2010) supervised by the Securities and Exchange Commission or the Commodity Futures Trading Commission, as appropriate.''. (b) Rule of Construction.--Nothing in this section shall be construed to abrogate, reduce, or eliminate the backup authority of the Federal Deposit Insurance Corporation authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811), or Federal Deposit Insurance Corporation Improvement Act of 1991. SEC. 4. EXCLUSION OF COMMUNITY BANKS FROM VOLCKER RULE. Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(1)) is amended-- (1) in subparagraph (D), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (2) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and adjusting the margins accordingly; (3) in the matter preceding clause (i), as so redesignated, in the second sentence, by striking ``institution that functions solely in a trust or fiduciary capacity, if--'' and inserting the following: ``institution-- ``(A) that functions solely in a trust or fiduciary capacity, if--''; (4) in clause (iv)(II), as so redesignated, by striking the period at the end and inserting ``; or''; and (5) by adding at the end the following: ``(B) that does not have and is not controlled by a company that has-- ``(i) more than $10,000,000,000 in total consolidated assets; and ``(ii) total trading assets and trading liabilities, as reported on the most recent applicable regulatory filing filed by the institution, that are more than 5 percent of total consolidated assets.''. Passed the House of Representatives April 13, 2018. Attest: KAREN L. HAAS, Clerk.

Volcker Rule Regulatory Harmonization Act (Sec. 2) This bill amends the Bank Holding Company Act of 1956 to grant exclusive rulemaking authority under the Volcker Rule to the Federal Reserve Board. (Currently, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission also have regulatory authority under the Volcker Rule. The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.) (Sec. 4) The bill exempts from the Volcker Rule banks with total assets: (1) of $10 billion or less, and (2) comprised of 5% or less of trading assets and liabilities.

Volcker Rule Regulatory Harmonization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Mental Disability and Mental Trauma Care Improvement Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to promote the capacity of recipient nongovernmental organizations to provide appropriate mental disability and mental trauma care training for providers on a national, regional, and local level abroad. SEC. 3. FINDINGS. Congress finds the following: (1) The efforts of the United States to promote democracy and human rights abroad must include vigorous efforts to improve treatment of those with mental disabilities and mental trauma. (2) The World Health Report 2001, published by the World Health Organization, reported that approximately 450,000,000 people worldwide experience a mental disorder. (3) War, conflict, and dictatorial regimes around the world have also created tens of thousands of victims of violence, rape, torture, and forced relocation who suffer from mental trauma. (4) Mental disability and mental trauma care resources are sufficiently scarce in developed and developing countries that national care giving practices are often antiquated and underfunded. (5) The World Health Organization reports that-- (A) about 50 percent of mental disorders begin before the sufferer reaches 14 years of age; (B) about 20 percent of the children and adolescents of the world are estimated to have a mental disorder; and (C) regions of the world in which a high percentage of the population is under 19 years of age have the lowest amount of mental disability care resources. (6) There is tremendous inequity in the worldwide distribution of skilled human resources for mental disability and mental trauma care. A shortage of psychiatrists, psychiatric nurses, psychologists, and social workers continues to be a significant barrier to the provision of treatment and care in low- and middle-income countries. (7) In much of the world, there are immense obstacles to full participation in society by people who suffer from a mental disability or have experienced mental trauma. (8) The World Health Organization reports that stigma about mental disorders and discrimination against patients and families can prevent people from seeking care. (9) Social stigma and a lack of resources can often result in the inappropriate institutionalization and effective segregation from society of large numbers of people with mental disabilities or mental trauma, often under appalling conditions. (10) Such inappropriate institutionalization does not represent ``best-practice'' mental disability and mental trauma care methods and is often an unacceptable violation of human rights standards. SEC. 4. MENTAL DISABILITY AND MENTAL TRAUMA CARE QUALITY AND CAPACITY IMPROVEMENT GRANTS. Chapter 1 of Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 104C the following: ``SEC. 104D. ASSISTANCE TO IMPROVE MENTAL DISABILITY AND MENTAL TRAUMA CARE. ``(a) Grants to Nongovernmental Organizations and Individuals Specializing in Mental Disability and Mental Trauma Treatment, Training, Policy, and Research.-- ``(1) Grants authorized.--The President is authorized to award grants to nongovernmental organizations (including faith- based and community-based organizations) and individuals-- ``(A) to provide training, advice, and technical expertise for foreign governments in the adoption of a national mental disability and mental trauma care framework; ``(B) to initiate system reform and improve treatment options, access to, and quality of mental disability and mental trauma care; ``(C) to provide training for governmental, nongovernmental, professional, community, peer, and family mental disability and mental trauma care providers; or ``(D) to provide direct, short-term emergency mental trauma assistance for the victims of humanitarian or political crises. ``(2) Eligibility.--To the maximum extent practicable, amounts shall be provided to applicants that-- ``(A) have a proven record of providing mental disability and mental trauma technical advice, emergency care, or support, whether directly or through linkages with other programs; and ``(B) employ recognized and evidence-based best practices for assisting individuals with mental disability conditions. ``(3) Application.--Each organization desiring a grant under this section shall submit an application to the President at such time, in such manner, and accompanied by such information and assurances as the President may require. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to the President for the purposes of this section, in addition to funds otherwise available for such purposes, not less than $10,000,000 for the fiscal year 2009 and each subsequent fiscal year, to be made available through the Secretary of State, acting through the Administrator of the United States Agency for International Development.''. SEC. 5. ANNUAL REPORT ON THE CONDITION OF MENTAL DISABILITY AND MENTAL TRAUMA CARE. Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(d)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) wherever applicable, mental disability and mental trauma care practices in countries receiving assistance under section 104D and in all other foreign jurisdictions, including-- ``(A) the extent of contact of mental disability and mental trauma care patients with their home communities; ``(B) the freedom granted mental disability and mental trauma care patients to socialize with each other and with nonpatients; ``(C) the national government's record of forced institutionalization, and the review process for institutionalized mental disability and mental trauma care patients; ``(D) the average ratio between patients and staff; ``(E) the employment of evaluation and follow up of treatment efficacy; ``(F) the national spending on mental disability and mental trauma care; ``(G) activities implemented or improved that address the provision of services for mental disability and mental trauma conditions; and ``(H) the inclusion of mental disability and mental trauma care into the public health agenda and national health plans and programs.''.

International Mental Disability and Mental Trauma Care Improvement Act of 2008 - Amends the the Foreign Assistance Act of 1961 to authorize the President to award grants to nongovernmental organizations (including faith-based and community-based organizations) and individuals to: (1) provide training and technical expertise for foreign governments in the adoption of a national mental disability and mental trauma care framework; (2) initiate system reform of mental disability and mental trauma care; (3) provide training for disability and mental trauma care providers; or (4) provide direct, short-term emergency mental trauma assistance for the victims of humanitarian or political crises.

A bill to authorize the President to award grants to improve the capacity of nongovernmental organizations and individuals in foreign countries to provide appropriate mental disability and mental trauma care training, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Treatment of Airline Passengers Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) United States airline traffic is increasing. The number of domestic passengers carried by United States air carriers has nearly tripled since 1978, to over 660 million annually. The number is expected to grow to more than 1 billion by 2010. The number of domestic flights has been steadily increasing as well. (2) The Inspector General of the Department of Transporation has found that with this growth in traffic have come increases in delays, cancellations, and customer dissatisfaction with air carrier service. (A) The Federal Aviation Administration has reported that, between 1995 and 2000, delays increased 90 percent and cancellations increased 104 percent. In 2000, over 1 in 4 flights were delayed, canceled, or diverted, affecting approximately 163 million passengers. (B) At the 30 largest United States airports, the number of flights with taxi-out times of 1 hour or more increased 165 percent between 1995 and 2000. The number of flights with taxi-out times of 4 hours or more increased 341 percent during the same period. (C) Certain flights, particularly those scheduled during peak periods at the nation's busiest airports, are subject to chronic delays. In December, 2000, 626 regularly-scheduled flights arrived late 70 percent of the time or more, as reported by the Department of Transportation. (D) Consumer complaints filed with the Department of Transportation about airline travel have nearly quadrupled since 1995. The Department of Transportation Inspector General has estimated that air carriers receive between 100 and 400 complaints for every complaint filed with the Department of Transportation. (3) At the same time as the number of complaints about airline travel has increased, the resources devoted to Department of Transportation handling of such complaints have declined sharply. The Department of Transportation Inspector General has reported that the staffing of the Department of Transportation office responsible for handling airline customer service complaints declined from 40 in 1985 to just 17 in 2000. (4) In June, 1999, the Air Transport Association and its member airlines agreed to an Airline Customer Service Commitment designed to address mounting consumer dissatisfaction and improve customer service in the industry. (5) The Department of Transportation Inspector General has reviewed the airlines' implementation of the Airline Customer Service Commitment. The Inspector General found that: (A) The Airline Customer Service Commitment has prompted air carriers to address consumer concerns in many areas, resulting in positive changes in how air travelers are treated. (B) Despite this progress, there continue to be significant shortfalls in reliable and timely communication with passengers about flight delays and cancellations. Reports to passengers about flight status are frequently untimely, incomplete, or unreliable. (C) Air carriers need to do more, in the areas under their control, to reduce over-scheduling, the number of chronically-late or canceled flights, and the amount of checked baggage that does not show up with the passenger upon arrival. (D) A number of further steps could be taken to improve the effectiveness and enforceability of the Airline Customer Service Commitment and to improve the consumer protections available to commercial air passengers. SEC. 3. FAIR TREATMENT OF AIRLINE PASSENGERS. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passengers' right to know ``(a) Disclosure of On-Time Performance.--Whenever any person contacts an air carrier to make a reservation or to purchase a ticket on a consistently-delayed or canceled flight, the air carrier shall disclose (without being requested), at the time the reservation or purchase is requested, the on-time performance and cancellation rate for that flight for the most recent month for which data is available. For purposes of this paragraph, the term `consistently-delayed or canceled flight' means a regularly-scheduled flight-- ``(1) that has failed to arrive on-time (as defined in section 234.2 of title 14, Code of Federal Regulations) at least 40 percent of the time during the most recent 3-month period for which data are available; or ``(2) at least 20 percent of the departures of which have been canceled during the most recent 3-month period for which data are available. ``(b) On-Time Performance Posted on Website.--An air carrier that has a website on the Internet shall include in the information posted about each flight operated by that air carrier the flight's on-time performance (as defined in section 234.2 of title 14, Code of Federal Regulations) for the most recent month for which data is available. ``(c) Passenger Information Concerning Delays, Cancellations, and Diversions.-- ``(1) In general--Whenever a flight is delayed, canceled, or diverted, the air carrier operating that flight shall provide to customers at the airport and on board the aircraft, in a timely, reasonable, and truthful manner, the best available information regarding such delay, cancellation, or diversion, including-- ``(A) the cause of the delay, cancellation, or diversion; and ``(B) in the case of a delayed flight, the carrier's best estimate of the departure time. ``(2) Public information.--An air carrier that provides a telephone number or website for the public to obtain flight status information shall ensure that the information provided via such telephone number or website will reflect the best and most current information available concerning delays, cancellations, and diversions. ``(d) Pre-Departure Notification System.--Within 6 months after the date of enactment of the Fair Treatment of Airline Passengers Act, each air carrier that is a reporting carrier (as defined in section 234.2 of title 14, Code of Federal Regulations) shall establish a reasonable system (taking into account the size, financial condition, and cost structure of the air carrier) for notifying passengers before their arrival at the airport when the air carrier knows sufficiently in advance of the check-in time for their flight that the flight will be canceled or delayed by an hour or more. ``(e) Coordination of Monitors; Current Information.--At any airport at which the status of flights to or from that airport is displayed to the public on flight status monitors operated by the airport, each air carrier the flights of which are displayed on the monitors shall work closely with the airport to ensure that flight information shown on the monitors reflects the best and most current information available. ``(f) Frequent Flyer Program Information.--Within 6 months after the date of enactment of the Fair Treatment of Airline Passengers Act, each air carrier that maintains a frequent flyer program shall increase the comprehensiveness and accessibility to the public of its reporting of frequent flyer award redemption information. The information reported shall include-- ``(1) the percentage of successful redemptions of requested frequent flyer awards for free tickets or class-of-service upgrades for the air carrier; ``(2) the percentage of successful redemptions of requested frequent flyer awards for free tickets or class-of-service upgrades for each flight in the air carrier's top 100 origination and destination markets; and ``(3) the percentage of seats available for frequent flyer awards on each flight in its top 100 origination and destination markets. ``(g) Overbooking.-- ``(1) Oversold flight disclosure.--An air carrier shall inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold. ``(2) Bumping compensation information.--An air carrier shall inform passengers on a flight what the air carrier will pay passengers involuntarily denied boarding before making offers to passengers to induce them voluntarily to relinquish seats. ``(3) Disclosure of bumping policy.--An air carrier shall disclose, both on its Internet website, if any, and on its ticket jackets, its criteria for determining which passengers will be involuntarily denied boarding on an oversold flight and its procedures for offering compensation to passengers voluntarily or involuntarily denied boarding on an oversold flight. ``(h) Mishandled Baggage Reporting.--Within 6 months after the date of enactment of the Fair Treatment of Airline Passengers Act, each air carrier shall revise its reporting for mishandled baggage to show-- ``(1) the percentage of checked baggage that is mishandled during a reporting period; ``(2) the number of mishandled bags during a reporting period; and ``(3) the average length of time between the receipt of a passenger's claim for missing baggage and the delivery of the bag to the passenger. ``(i) Small Air Carrier Exception.--This section does not apply to an air carrier that operates no civil aircraft designed to have a maximum passenger seating capacity of more than 30 passengers. ``Sec. 41723. Enforcement and enhancement of airline passenger service commitments ``(a) Adoption of Customer Service Plan.--Within 6 months after the date of enactment of the Fair Treatment of Airline Passengers Act, an air carrier certificated under section 41102 that has not already done so shall-- ``(1) develop and adopt a customer service plan designed to implement the provisions of the Airline Customer Service Commitment executed by the Air Transport Association and 14 of its member airlines on June 17, 1999; ``(2) incorporate its customer service plan in its contract of carriage; ``(3) incorporate the provisions of that Commitment if, and to the extent that those provisions are more specific than, or relate to issues not covered by, its customer service plan; ``(4) submit a copy of its customer service plan to the Secretary of Transportation; ``(5) post a copy of its contract of carriage on its Internet website, if any; and ``(6) notify all ticketed customers, either at the time a ticket is purchased or on a printed itinerary provided to the customer, that the contract of carriage is available upon request or on the air carrier's website. ``(b) Modifications.--Any modification in any air carrier's customer service plan shall be promptly incorporated in its contract of carriage, submitted to the Secretary, and posted on its website. ``(c) Quality Assurance and Performance Measurement System.-- ``(1) Air carriers.--Within 6 months after the date of enactment of the Fair Treatment of Airline Passengers Act, an air carrier certificated under section 41102, after consultation with the Inspector General of the Department of Transportation, shall-- ``(A) establish a quality assurance and performance measurement system for customer service; and ``(B) establish an internal audit process to measure compliance with its customer service plan. ``(2) DOT approval required.--Each air carrier shall submit the measurement system established under paragraph (1)(A) and the audit process established under paragraph (1)(B) to the Secretary of Transportation for review and approval. ``(d) Customer Service Plan Enhancements.--Within 6 months after the date of enactment of the Fair Treatment of Airline Passengers Act, an air carrier certificated under section 41102 shall-- ``(1) amend its customer service plan to specify that it will offer to a customer purchasing a ticket at any of the air carrier's ticket offices or airport ticket service counters the lowest fare available for which that customer is eligible; and ``(2) establish performance goals designed to minimize incidents of mishandled baggage. ``(e) Small Air Carrier Exception.--This section does not apply to an air carrier that operates no civil aircraft designed to have a maximum passenger seating capacity of more than 30 passengers.''. (b) Civil Penalty.--Section 46301(a)(7) is amended by striking ``40127 or 41712'' and inserting ``40127, 41712, 41722, or 41723''. (c) Conforming Amendment.--The chapter analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41721 the following: ``41722. Airline passengers' right to know. ``41723. Enforcement and enhancement of airline passenger service commitments.''. SEC. 4. REQUIRED ACTION BY SECRETARY OF TRANSPORTATION. (a) Uniform Minimum Check-In Time; Baggage Statistics; Bumping Compensation.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall-- (1) establish a uniform check-in deadline and require air carriers to disclose, both in their contracts of carriage and on ticket jackets, their policies on how those deadlines apply to passengers making connections; (2) revise the Department of Transportation's method for calculating and reporting the rate of mishandled baggage for air carriers to reflect the reporting requirements of section 41722(h) of title 49, United States Code; and (3) revise the Department of Transportation's Regulation (14 C.F.R. 250.5) governing the amount of denied boarding compensation for passengers denied boarding involuntarily to increase the maximum amount thereof. (b) Review of Regulations.-- (1) In general.--Within 1 year after the date of enactment of this Act, the Secretary shall complete a thorough review of the Department of Transportation's regulations that relate to air carriers' treatment of customers, and make such modifications as may be necessary or appropriate to ensure the enforceability of those regulations and the provisions of this Act and of title 49, United States Code, that relate to such treatment, or otherwise to promote the purposes of this Act. (2) Specific areas of review.--As part of such review and modification, the Secretary shall, to the extent necessary or appropriate-- (A) modify existing regulations to reflect this Act and sections 41722 and 41723 of title 49, United States Code; (B) modify existing regulations to the extent necessary to ensure that they are sufficiently clear and specific to be enforceable; (C) establish minimum standards, compliance with which can be measured quantitatively, of air carrier performance with respect to customer service issues addressed by the Department of Transportation regulations or the Airline Customer Service Commitment executed by the Air Transport Association and 14 of its member airlines on June 17, 1999; (D) address the manner in which the Department of Transportation regulations should treat customer service commitments that relate to actions occurring prior to the purchase of a ticket, such as the commitment to offer the lowest available fare, and whether such the inclusion of such commitments in the contract of carriage creates an enforceable obligation prior to the purchase of a ticket; (E) restrict the ability of air carriers to include provisions in the contract of carriage restricting a passenger's choice of forum in the event of a legal dispute; and (F) require each air carrier to report information to Department of Transportation on complaints submitted to the air carrier, and modify the reporting of complaints in the Department of Transportation's monthly customer service reports, so those reports will reflect complaints submitted to air carriers as well as complaints submitted to the Department. (3) Expedited procedure.--Within 1 year after the date of enactment of this Act, the Secretary shall complete all actions necessary to establish regulations to implement the requirements of this subsection. SEC. 5. IMPROVED ENFORCEMENT OF AIR PASSENGER RIGHTS. (a) Use of Authorized Funds.--In utilizing the funds authorized by section 223 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century for the purpose of enforcing the rights of air travelers, the Secretary of Transportation shall give priority to the areas identified by the Inspector General of the Department of Transportation as needing improvement in Report No. AV-2001-020, submitted to the Congress on February 12, 2001. (b) Secretary Required To Consult the Secretary's Inspector General.--The Secretary of Transportation, in carrying out this Act and the provisions of section 41722 and 41723 of title 49, United States Code, shall consult with the Inspector General of the Department of Transportation.

Fair Treatment of Airline Passengers Act - Requires an air carrier to: (1) disclose (without being requested), at the time a person contacts such air carrier to make a reservation or to purchase a ticket on a consistently-delayed or canceled flight reservation, the on-time performance and cancellation rate for such flight for the most recent month for which data is available; (2) post on its Internet website the on-time performance record of its flights for the most recent month for which data is available; (3) provide to its customers at the airport and on board its aircraft (including by telephone number or website if it has one), in a timely, reasonable, and truthful manner, the best available information regarding the delay, cancellation, or diversion of its aircraft; (4) establish, if it is a reporting carrier, a reasonable system for notifying air passengers before their arrival at the airport when such carrier knows sufficiently in advance of check-in time that their flight will be canceled or delayed by an hour or more; (5) increase the comprehensiveness and accessibility to the public of its reporting of frequent flyer award redemption information; (6) inform ticketed air passengers, upon request, whether their flight is oversold; (7) inform air passengers what such carrier will pay passengers involuntarily denied boarding (bumping) before making them offers to voluntarily relinquish their seats (including informing the public about their bumping policy); (8) revise its reporting for mishandled air passenger baggage (establishing performance goals to minimize incidents of mishandled baggage); (9) develop and adopt a customer service plan designed to implement the provisions of the Airline Customer Service Commitment executed by the Air Transport Association on June 17, 1999; (10) establish a quality assurance and performance measurement system for customer service; and (11) amend its customer service plan to state that it will offer to its customers the lowest fare available.Requires the Secretary of Transportation to take specified related actions with respect to uniform check-in time, mishandled baggage statistics, airline bumping compensation, and regulations as they relate to air carrier's treatment of customers.

A bill to amend title 49, United States Code, to improve the disclosure of information to airline passengers and the enforceability of airline passengers and the enforceability of airline passengers' rights under airline customer service agreements, and for other purposes.

TITLE I--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD SECTION 101. SHORT TITLE. This title may be cited as the ``National Film Preservation Act of 2003''. SEC. 102. REAUTHORIZATION AND AMENDMENT. (a) Duties of the Librarian of Congress.--Section 103 of the National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended: (1) in subsection (b)-- (A) by striking ``film copy'' each place that term appears and inserting ``film or other approved copy''; (B) by striking ``film copies'' each place that term appears and inserting ``film or other approved copies''; and (C) in the third sentence, by striking ``copyrighted'' and inserting ``copyrighted, mass distributed, broadcast, or published''; and (2) by adding at the end the following: ``(c) Coordination of Program With Other Collection, Preservation, and Accessibility Activities.--In carrying out the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1992, the Librarian, in consultation with the Board established pursuant to section 104, shall-- ``(1) carry out activities to make films included in the National Film registry more broadly accessible for research and educational purposes, and to generate public awareness and support of the Registry and the comprehensive national film preservation program; ``(2) review the comprehensive national film preservation plan, and amend it to the extent necessary to ensure that it addresses technological advances in the preservation and storage of, and access to film collections in multiple formats; and ``(3) wherever possible, undertake expanded initiatives to ensure the preservation of the moving image heritage of the United States, including film, videotape, television, and born digital moving image formats, by supporting the work of the National Audio-Visual Conservation Center of the Library of Congress, and other appropriate nonprofit archival and preservation organizations.''. (b) National Film Preservation Board.--Section 104 of the National Film Preservation Act of 1996 (2 U.S.C. 179n) is amended-- (1) in subsection (a)(1) by striking ``20'' and inserting ``22''; (2) in subsection (a)(2) by striking ``three'' and inserting ``5''; (3) in subsection (d) by striking ``11'' and inserting ``12''; and (4) by striking subsection (e) and inserting the following: ``(e) Reimbursement of Expenses.--Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.''. (c) Responsibilities and Powers of Board.--Section 105(c) of the National Film Preservation Act of 1996 (2 U.S.C. 179o) is amended by adding at the end the following: ``(3) Review and approval of special foundation projects.-- The Board shall review special projects submitted for its approval by the National Film Preservation Foundation under section 151711 of title 36, United States Code.''. (d) National Film Registry.--Section 106 of the National Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the end the following: ``(e) National Audio-Visual Conservation Center.--The Librarian shall utilize the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with-- ``(1) title 17 of the United States Code; and ``(2) the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.''. (e) Use of Seal.--Section 107 (a) of the National Film Preservation Act of 1996 (2 U.S.C. 179q) is amended-- (1) in paragraph (1), by inserting ``in any format'' after ``or any copy''; and (2) in paragraph (2), by striking ``or film copy'' and inserting ``in any format''. (f) Effective Date.--Section 113 of the National Film Preservation Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting ``17''. TITLE II--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION FOUNDATION SEC. 201. SHORT TITLE. This title may be cited as the ``National Film Preservation Foundation Reauthorization Act of 2003''. SEC. 202. REAUTHORIZATION AND AMENDMENT. (a) Board of Directors.--Section 151703 of title 36, United States Code, is amended-- (1) in subsection (b)(2)(A), by striking ``nine'' and inserting ``12''; and (2) in subsection (b)(4), by striking the second sentence and inserting ``There shall be no limit to the number of terms to which any individual may be appointed.''. (b) Powers.--Section 151705 of title 36, United States Code, is amended in subsection (b) by striking ``District of Columbia'' and inserting ``the jurisdiction in which the principal office of the corporation is located''. (c) Principal Office.--Section 151706 of title 36, United States Code, is amended by inserting ``, or another place as determined by the board of directors'' after ``District of Columbia''. (d) Authorization of Appropriations.--Section 151711 of title 36, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``(a) Authorization of Appropriations.--There are authorized to be appropriated to the Library of Congress amounts necessary to carry out this chapter, not to exceed $500,000 for each of the fiscal years 2004 and 2005, and not to exceed $1,000,000 for each of the fiscal years 2006 through 2013. These amounts are to be made available to the corporation to match any private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments. ``(b) Limitation Related to Administrative Expenses.--Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.''. (e) Cooperative Film Preservation.-- (1) In general.--Chapter 1517 of title 36, United States Code, is amended-- (A) by redesignating sections 151711 and 151712 as sections 151712 and 151713, respectively; and (B) by adding at the end the following: ``Sec. 151711. Cooperative film preservation ``(a) Cooperative Film Preservation.-- ``(1) In general.--The corporation shall design and support cooperative national film preservation and access initiatives. Such initiatives shall be approved by the corporation, the Librarian of Congress, and the National Film Preservation Board of the Library of Congress under section 105(c)(3) of the National Film Preservation Act of 1996. ``(2) Scope.--Cooperative initiatives authorized under paragraph (1) may include-- ``(A) the repatriation and preservation of American films that may be found in archives outside of the United States; ``(B) the exhibition and dissemination via broadcast or other means of `orphan' films; ``(C) the production of educational materials in various formats to encourage film preservation, preservation initiatives undertaken by 3 or more archives jointly; and ``(D) other activities undertaken in light of significant unfunded film preservation and access needs. ``(b) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Library of Congress amounts not to exceed $1,000,000 for each of the fiscal years 2006 through 2013, to carry out the purposes of this section. ``(2) Matching.--The amounts made available under paragraph (1) are to be made available to the corporation to match any private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments. ``(3) Limitation related to administrative expenses.-- Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.''. (2) Technical and conforming amendment.--The table of sections for chapter 1517 of title 36, United States Code, is amended by striking the matter relating to section 151711 and 151712 and inserting the following: ``151711. Cooperative film preservation. ``151712. Authorization of appropriations. ``151713. Annual report.''.

National Film Preservation Act of 2003 - Amends the National Film Preservation Act of 1996 to reauthorize appropriations to the Library of Congress for the National Film Preservation Board. Directs the Librarian of Congress to: (1) coordinate the national film preservation program with other collection, preservation, and accessibility activities; and (2) the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with U.S. copyright law and the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works. Directs the Board to review special projects submitted for its approval by the National Film Preservation Foundation. National Film Preservation Foundation Reauthorization Act of 2003 - Amends specified Federal law to reauthorize appropriations to the Library of Congress for the National Film Preservation Foundation. Allows the Foundation's board of directors to determine the location of its principal office. Directs the Foundation to design and support cooperative film preservation and access initiatives, with the approval of the Librarian and the Board.

To reauthorize and amend the National Film Preservation Act of 1996.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Nurse Shortage Relief Act of 1993''. SEC. 2. GRANTS FOR PROGRAMS TO INCREASE NUMBER OF ACTIVE NURSES. Subpart I of part A of title VIII of the Public Health Service Act (42 U.S.C. 296k et seq.) is amended by adding at the end the following new section: ``nurse recruitment programs ``Sec. 823. (a) In General.--The Secretary may make grants to public and nonprofit private entities to carry out programs-- ``(1) to promote nursing as a career choice and to educate the public regarding the value of the nursing profession; ``(2) to identify students in public secondary schools who show an interest in health care and provide such students with internships in the area of health care; ``(3) to promote the nursing profession in public secondary schools; and ``(4) to recruit nursing students, by using creative methods, from groups not traditionally well represented in the nursing profession, including men, minorities, and individuals who are pursuing a second career. ``(b) Application.--To receive a grant under this section, a public or private nonprofit entity shall submit an application to the Secretary as the Secretary may require. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Any amounts appropriated under this section shall remain available until expended.''. SEC. 3. GRANTS FOR PROGRAMS TO ATTRACT INACTIVE NURSES BACK INTO NURSING PROFESSION. Subpart I of part A of title VIII of the Public Health Service Act (42 U.S.C. 296k et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following new section: ``inactive nurse reactivation and training programs ``Sec. 824. (a) In General.--The Secretary may make grants to public and private nonprofit entities and schools of nursing to establish or assist programs-- ``(1) to encourage and assist nurses that are not practicing in the nursing profession to reenter the profession; ``(2) to train or educate nurses that are reentering the nursing profession and practicing nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and ``(3) to provide tuition assistance to students enrolled in educational programs designed to facilitate the reentry into the nursing profession of nurses that are not practicing in the nursing profession. ``(b) Application.--To receive a grant under this section, a public or private nonprofit entity or a school of nursing shall submit an application to the Secretary as the Secretary may require. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Any amounts appropriated under this section shall remain available until expended.''. SEC. 4. GRANTS FOR PROGRAMS TO RETAIN PRACTICING NURSES. Subpart I of part A of title VIII of the Public Health Service Act (42 U.S.C. 296k et seq.), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following new section: ``practicing nurse retention programs ``Sec. 825. (a) In General.--The Secretary may make grants to health care facilities to carry out programs-- ``(1) to demonstrate the use of innovative methods to increase the attractiveness to individuals of the nursing profession as a career choice through changes in traditional wage structures, flexible delivery and scheduling of employment options and benefits, and restructuring the role of nurses in the health care facilities; and ``(2) to demonstrate innovative methods of providing for advancement in careers in the nursing profession to encourage nurses and nurse assistants to continue education in nursing. ``(b) Application.--To receive a grant under this section, a health care facility shall submit an application to the Secretary as the Secretary may require. ``(c) Definition of Health Care Facility.--For purposes of this section, the term `health care facility' means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or other facility for the provision of health care services. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Any amounts appropriated under this section shall remain available until expended.''. SEC. 5. PROGRAM FOR LOANS FOR CONTINUED NURSE TRAINING AND LOAN FORGIVENESS TO NURSING STUDENTS. Part B of title VIII of the Public Health Service Act (42 U.S.C. 297 et seq.) is amended by adding at the end the following new subpart: ``Subpart V--Assistance for Nurses After Completion of Nursing School ``loans for continued nurse training ``Sec. 849. (a) Establishment of Program.--The Secretary may establish a program to insure educational loans to individuals who have attained a degree as a registered nurse for educational expenses related to programs designed to train or educate nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills (as designated by the Secretary under section 860(a)(2)). ``(b) Organization of Program.--With respect to the program of Insured Health Education Assistance Loans to Graduate Students established in subpart I of part A of title VII, the provisions of such subpart shall, except as inconsistent with this section, apply to the program established under subsection (a) in the same manner and to the same extent as such provisions apply to the program established in such subpart I. ``(c) Budget Compliance.--The authority of the Secretary to insure loans under this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. ``student loan forgiveness program ``Sec. 849A. (a) Establishment.--The Secretary may carry out a program to enter into agreements with eligible individuals to assist in repaying, in the amounts specified in subsection (c), the eligible educational loans of the eligible individuals. ``(b) Eligible Borrowers.--An individual shall be eligible to receive assistance under this section if the individual-- ``(1)(A) is enrolled as a full-time student in a collegiate school of nursing in a program leading to the achievement of a degree as a registered nurse; and ``(B) agrees, to the satisfaction of the Secretary, to work full time as a registered nurse in a nursing crisis area; or ``(2)(A) has attained a degree as a registered nurse; ``(B) is enrolled in a program designed to train or educate the individual as a nurse practitioner or nurse midwife or regarding an area of a needed specialized nursing skill; and ``(C) agrees, to the satisfaction of the Secretary, to work full time after completion of the program as a registered nurse in a nursing crisis area in a position that utilizes such training or education. ``(c) Amount of Payments.--The program established by the Secretary under this section may pay to a holder of loans on behalf of an eligible individual, for each completed 12-month period of work as agreed to under paragraph (1)(B) or (2)(C) of subsection (b), an amount equal to the amount equal to the percentage of the total of the principal, interest, and related expenses of such educational loans of the eligible individual determined in accordance with the following table: ``Years of work completed Percentage of total of principal, Cumulative percentage of total of as agreed to as a full- interest, and related expenses of principal, interest, and related time registered nurse in a eligible loans repaid under this expenses of eligible loans repaid under nursing crisis area section for previous 12-month period this section 1......................... 20................................... 20 2......................... 20................................... 40 3......................... 45................................... 85 4......................... 15................................... 100 ``(d) Definition of Eligible Educational Loans.--For purposes of this section the term `eligible educational loan' means-- ``(1) for an individual eligible under subsection (b)(1), any educational loans received before the attainment by the individual of the position of registered nurse; and ``(2) for an individual eligible under subsection (b)(2), any educational loans relating to the program in which the individual participates pursuant to subparagraph (B) of such subsection. ``(e) Budget Compliance.--The authority of the Secretary to enter into agreements under this section to repay loans shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.''. SEC. 6. INCOME TAX CREDIT FOR CORPORATIONS WHICH PROVIDE SCHOLARSHIPS FOR NURSE TRAINING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end thereof the following new section: ``SEC. 30. SCHOLARSHIPS PROVIDED BY CORPORATIONS FOR NURSE TRAINING. ``(a) Allowance of Credit.--In the case of a C corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the amount paid or incurred by the taxpayer during the taxable year as qualified nursing scholarships. ``(b) Qualified Nursing Scholarship Defined.--For purposes of this section, the term `qualified nursing scholarship' means any scholarship-- ``(1) which is excludable from the gross income of the recipient, and ``(2) which is received by an individual who is a candidate for a degree as a registered nurse or for a higher nursing degree for purposes of pursuing such a degree. ``(c) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 28, and 29, over ``(2) the tentative minimum tax for the taxable year.'' (b) Clerical Amendment.--The table of sections for such subpart B is amended by adding at the end thereof the following new item: ``Sec. 30. Scholarships provided by corporations for nurse training.'' (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. SEC. 7. EFFECTIVE DATE. Except as provided in section 6(c), this Act and the amendments made by this Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

Emergency Nurse Shortage Relief Act of 1993 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the program of Insured Health Educations Assistance Loans to Graduate Students, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships.

Emergency Nurse Shortage Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Corrections Act of 1995''. SEC. 2. GRANTS FOR VIOLENT AND CHRONIC JUVENILE FACILITIES. (a) Grants.--The Administrator may make grants to States and units of local government or combinations thereof to assist them in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent and serious chronic juvenile offenders. (b) Applications.-- (1) In general.--The chief executive officer of a State or unit of local government that desires to receive a grant under this section shall submit to the Administrator an application, in such form and in such manner as the Administrator may prescribe. (2) Contents.--An application under paragraph (1) shall-- (A) provide assurances that each facility or program funded with a grant under this section will provide appropriate educational and vocational training and substance abuse treatment for juvenile offenders; and (B) provide assurances that each facility or program funded with a grant under this section will afford juvenile offenders intensive post-release supervision and services. (c) Minimum Amount.-- (1) In general.--Except as provided in paragraph (2), each qualifying State, together with units of local government within the State, shall be allocated for each fiscal year not less than 1.0 percent of the total amount appropriated for that fiscal year for grants under subsection (b). (2) Exception.--The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.2 percent of the total amount appropriated for that fiscal year for grants under subsection (b). (d) Performance Evaluation.-- (1) Evaluation components.-- (A) In general.--Each facility or program funded under this section shall contain an evaluation component developed pursuant to guidelines established by the Administrator. (B) Outcome measures.--The evaluations required by this subsection shall include outcome measures that can be used to determine the effectiveness of the funded programs, including the effectiveness of such programs in comparison with other correctional programs or dispositions in reducing the incidence of recidivism, and other outcome measures. (2) Periodic review and reports.-- (A) Review.--The Administrator shall review the performance of each grant recipient under this section. (B) Reports.--The Administrator may require a grant recipient to submit to the Office of Juvenile Justice and Delinquency Prevention the results of the evaluations required under paragraph (1) and such other data and information as are reasonably necessary to carry out the Administrator's responsibilities under this section. (e) Technical Assistance and Training.--The Administrator shall provide technical assistance and training to States and units of local government that receive grants under this section to achieve the purposes of this section. (f) Definitions.--As used in this section-- (1) the term ``Administrator'' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention Programs; (2) the term ``qualifying State'' means a State that has submitted, or a State in which an eligible unit of local government has submitted, a grant application that meets the requirements of subsections (b) and (d); and (3) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 1996; (2) $100,000,000 for fiscal year 1997; (3) $190,000,000 for fiscal year 1998; (4) $200,000,000 for fiscal year 1999; and (5) $207,000,000 for fiscal year 2000. SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS. Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by striking paragraphs (2) through (6) and inserting the following: ``(2) $675,000,000 for fiscal year 1996; ``(3) $900,000,000 for fiscal year 1997; ``(4) $1,710,000,000 for fiscal year 1998; ``(5) $1,800,000,000 for fiscal year 1999; and ``(6) $1,863,000,000 for fiscal year 2000.''. SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE CORRECTIONS PROGRAMS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall, after consultation with the National Institute of Justice and other appropriate governmental and nongovernmental organizations, submit to Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs. (b) Contents.--The report required under this section shall discuss-- (1) the range of performance-based measures that might be utilized as evaluation criteria, including measures of recidivism among juveniles who have been incarcerated in facilities or have participated in correctional programs; (2) the feasibility of linking Federal juvenile corrections funding to the satisfaction of performance-based criteria by grantees (including the use of a Federal matching mechanism under which the share of Federal funding would vary in relation to the performance of a program or facility); (3) whether, and to what extent, the data necessary for the Office of Juvenile Justice and Delinquency Prevention to utilize performance-based criteria in its administration of juvenile corrections programs are collected and reported nationally; and (4) the estimated cost and feasibility of establishing minimal, uniform data collection and reporting standards nationwide that would allow for the use of performance-based criteria in evaluating juvenile corrections programs and facilities and administering Federal juvenile corrections funds.

Juvenile Corrections Act of 1995 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent and serious chronic juvenile offenders. Sets forth provisions regarding: (1) application requirements; (2) minimum amounts allocated to qualifying States; (3) performance evaluations; and (4) technical assistance and training. Authorizes appropriations. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants. Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs.

Juvenile Corrections Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``TIFIA 2.0 Act''. SEC. 2. TIFIA FUNDING. (a) In General.--Section 608 of title 23, United States Code, is amended to read as follows: ``Sec. 608. Funding ``(a) TIFIA Revolving Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the Transportation Infrastructure Finance and Innovation Act Revolving Fund (in this section referred to as the `Fund'). ``(2) Deposits.--There shall be deposited in the Fund the following: ``(A) Amounts made available to carry out this chapter. ``(B) Amounts received from the repayment of principal and interest on a direct loan made under this chapter. ``(C) Unobligated and uncommitted budget authority under this chapter in a fiscal year. ``(D) Proceeds from the sale of secured loans under section 603(d). ``(E) Amounts received from interest on investments under paragraph (6). ``(F) Amounts received from the collection of fees established by the Secretary of Transportation (in this section referred to as the `Secretary') pursuant to this chapter. ``(3) Disbursements.--Disbursements from the Fund may be made by the Secretary for the purpose of carrying out this chapter. ``(4) Rural set aside.-- ``(A) In general.--Of the amounts deposited in the Fund in a fiscal year, not more than 10 percent shall be set aside for use in the following fiscal year for rural infrastructure projects. ``(B) Reinvestment.--Any amounts set aside for a fiscal year under subparagraph (A) that remain unobligated by June 1 of that fiscal year shall be invested pursuant to paragraph (6). ``(5) Transfers.--The Secretary shall transfer from the Fund to the general fund of the Treasury amounts equivalent to moneys deposited in the Fund as a result of repayment of principal and interest on a direct loan made under this chapter before the date of enactment of the TIFIA 2.0 Act. ``(6) Investments authority.--The Secretary of the Treasury shall invest any portion of the Fund that, as determined by the Secretary, is not required to meet current expenses. Each such investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed both as to principal and interest by the United States that, as determined by the Secretary, has a maturity date suitable for the purposes of the Fund. The Secretary of the Treasury shall credit interest earned on the obligations to the Fund. ``(7) Administrative costs.--Of the amounts in the Fund, the Secretary may use not more than 0.50 percent for each fiscal year for the administration of this chapter, excluding amounts to be transferred under paragraph (5). ``(b) Contracting Authority.-- ``(1) In general.--Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts in the Fund shall impose on the United States a contractual obligation to fund the Federal credit investment. ``(2) Availability.--Amounts in the Fund shall be available for obligation without fiscal year limitation and without further appropriation until expended.''. (b) Conforming Amendments.--Chapter 6 of such title is amended-- (1) in section 601(a)-- (A) by striking paragraph (18); and (B) by redesignating paragraphs (19) and (20) as paragraphs (18) and (19), respectively; (2) in section 602(b)(1) by striking ``the subsidy costs associated with''; (3) in section 603-- (A) in subsection (a)(3) by striking ``subsidy amount''; and (B) in subsection (b)-- (i) in paragraph (4)(B)(ii) by striking ``the subsidy cost of which''; and (ii) by striking paragraph (6)(B) and inserting the following: ``(B) Preexisting indenture.--The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(i) the secured loan is rated in the A category or higher; ``(ii) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and ``(iii) the TIFIA program share of eligible project costs is 33 percent or less.''; and (4) in section 604-- (A) in subsection (a)(3) by striking ``subsidy''; and (B) by striking subsection (b)(8)(B) and inserting the following: ``(B) Pre-existing indenture.-- ``(i) In general.--The Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(I) the line of credit is rated in the A category or higher; ``(II) the TIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and ``(III) the TIFIA program share of eligible project costs is 33 percent or less.''. SEC. 3. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. (a) Eligibility.--Section 602(a)(9) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following: ``(D) generate revenue through tolls or user fees, or promote use of a facility that generates such revenues.''. (b) Selection Among Eligible Projects.--Section 602(b)(1) of such title, as amended by this Act, is further amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Application process.--Subject to subparagraph (B), the Secretary''; and (2) by adding at the end the following: ``(B) Priority.--In selecting projects to receive funding under subparagraph (A), the Secretary shall give priority consideration to projects with sponsors who have sponsored prior credit agreements under this chapter that have been repaid in full.''.

TIFIA 2.0 Act - Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise the Department of Transportation (DOT) TIFIA program of direct loans, loan guarantees, and credit for surface transportation projects. Establishes in the Treasury a TIFIA Revolving Fund. Requires the set-aside of up to 10% of Fund amounts for rural infrastructure projects (as similarly required in current funding law). Directs the Secretary of Transportation to transfer from the Fund to the general fund of the Treasury amounts equal to moneys deposited in the Fund as a result of the repayment of principal and interest on direct loans for transportation infrastructure projects before enactment of this Act. Revises project eligibility requirements.

TIFIA 2.0 Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Revolving Door Act of 2015''. SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING. (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives, or an elected officer of the Senate or the House of Representatives and who, after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended-- (1) in the heading, by striking ``Officers and staff'' and inserting ``Staff''; (2) by striking ``an elected officer of the Senate, or''; (3) by striking ``leaves office or employment'' and inserting ``leaves employment''; and (4) by striking ``former elected officer or''. SEC. 3. CONGRESSIONAL STAFF. Paragraphs (2), (3)(A), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, are each amended by striking ``1 year'' and inserting ``6 years''. SEC. 4. IMPROVED REPORTING OF LOBBYISTS' ACTIVITIES. Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by adding at the end the following: ``(c) Joint Web Site.-- ``(1) In general.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2016.''. SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS. (a) Definitions.--In this section-- (1) the term ``foreign principal'' has the meaning given that term under section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)); (2) the terms ``lobbyist'' and ``lobbying contact'' have the meanings given such terms under section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and (3) the term ``registered lobbyist'' means a lobbyist registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.). (b) Prohibition.--Any person who is a registered lobbyist or an agent of a foreign principal may not, within 6 years after that person leaves such position, be hired by a Member or committee of either House of Congress with whom the registered lobbyist or agent of a foreign principal has had substantial lobbying contact. (c) Waiver.--This section may be waived in the Senate or the House of Representatives by the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives, respectively, based on a compelling national need. (d) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, a Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or committee, involved presentations to employees of the Member or committee, or participation in fundraising (except for the mere giving of a personal contribution). Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. SEC. 6. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. ``(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the Senate a list of each employee of, individual under contract with, or individual who provides paid consulting services to the substantial lobbying entity who is-- ``(1) a former Senator or a former Member of the House of Representatives; or ``(2) another covered legislative branch official who-- ``(A) was paid not less than $100,000 in any 1 year as a covered legislative branch official; ``(B) worked for a total of not less than 4 years as a covered legislative branch official; or ``(C) had a job title at any time while employed as a covered legislative branch official that contained any of the following terms: `Chief of Staff', `Legislative Director', `Staff Director', `Counsel', `Professional Staff Member', `Communications Director', or `Press Secretary'. ``(b) Contents of Filing.--The filing required under this section shall contain a brief job description of each individual described in subsection (a) and an explanation of their work experience under subsection (a) that requires this filing. ``(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled `Substantial Lobbying Entities' that includes information on all individuals described in subsection (a). ``(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of each filing under subsection (a) to the United States Attorney for the District of Columbia, to allow the United States Attorney for the District of Columbia to determine whether a substantial lobbying entity is underreporting the lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. ``(e) Substantial Lobbying Entity.--In this section, the term `substantial lobbying entity' means an incorporated entity that employs more than 3 registered lobbyists during a filing period.''. SEC. 7. ENHANCED PENALTIES. Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking ``$200,000'' and inserting ``$500,000''.

Close the Revolving Door Act of 2015 This bill amends the federal criminal code to impose a lifetime ban on any former Senator, Member of the House of Representatives, or elected officer of the Senate or House of Representatives lobbying any current Member, officer, or employee of Congress or any employee of any other legislative office. (Currently the ban is for two years after a Senator leaves office and one year after a Member of the House of Representatives leaves office). The ban is extended from one to six years for officers and employees of the Senate, personal staff of Members, committee staff, leadership staff, and other legislative offices. A registered lobbyist or agent of a foreign principal may not be hired for a six-year period by a Member of Congress or a congressional committee with which the lobbyist or agent has had a substantial lobbying contact. This bill also amends the Lobbying Disclosure Act of 1995 to: direct the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed by that Act, require a substantial lobbying entity to file with Congress a list of each employee of, contractor with, or paid consultant to the substantial lobbying entity and who is a former Member of Congress or another highly-paid covered legislative branch official, and increase the civil penalty for violations of the disclosure or reporting requirements of such Act.

Close the Revolving Door Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Telecommunications Consumer Enhancement Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Telecommunications Act of 1996 was enacted to foster the rapid deployment of advanced telecommunications and information technologies and services to all Americans by promoting competition and reducing regulation in telecommunications markets nationwide. (2) The Telecommunications Act of 1996 specifically recognized the unique abilities and circumstances of local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide. (3) Given the markets two percent carriers typically serve, such carriers are uniquely positioned to accelerate the deployment of advanced services and competitive initiatives for the benefit of consumers in less densely populated regions of the Nation. (4) Existing regulations are typically tailored to the circumstances of larger carriers and therefore often impose disproportionate burdens on two percent carriers, impeding such carriers' deployment of advanced telecommunications services and competitive initiatives to consumers in less densely populated regions of the Nation. (5) Reducing regulatory burdens on two percent carriers will enable such carriers to devote additional resources to the deployment of advanced services and to competitive initiatives to benefit consumers in less densely populated regions of the Nation. (6) Reducing regulatory burdens on two percent carriers will increase such carriers' ability to respond to marketplace conditions, allowing them to accelerate deployment of advanced services and competitive initiatives to benefit consumers in less densely populated regions of the Nation. (b) Purposes.--The purposes of this Act are-- (1) to accelerate the deployment of advanced services and the development of competition in the telecommunications industry for the benefit of consumers in all regions of the Nation, consistent with the Telecommunications Act of 1996, by reducing regulatory burdens on local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide; (2) to improve such carriers' flexibility to undertake such initiatives; and (3) to allow such carriers to redirect resources from paying the costs of such regulatory burdens to increasing investment in such initiatives. SEC. 3. DEFINITION. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (51) and (52) as paragraphs (52) and (53), respectively; and (2) by inserting after paragraph (50) the following: ``(51) Two percent carrier.--The term `two percent carrier' means an incumbent local exchange carrier within the meaning of section 251(h) that has fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.''. SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS. Title II of the Communications Act of 1934 is amended by adding at the end thereof a new part IV as follows: ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS ``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS. ``(a) Commission To Take Into Account Differences.--In adopting rules that apply to incumbent local exchange carriers (within the meaning of section 251(h)), the Commission shall separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. ``(b) Effect of Reconsideration or Waiver.--If the Commission adopts a rule that applies to incumbent local exchange carriers and fails to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on two percent carriers, the Commission shall not enforce the rule against two percent carriers unless and until the Commission performs such separate evaluation. ``(c) Additional Review Not Required.--Nothing in this section shall be construed to require the Commission to conduct a separate evaluation under subsection (a) if the rules adopted do not apply to two percent carriers, or such carriers are exempted from such rules. ``(d) Savings Clause.--Nothing in this section shall be construed to prohibit any size-based differentiation among carriers mandated by this Act, chapter 6 of title 5, United States Code, the Commission's rules, or any other provision of law. ``(e) Effective Date.--The provisions of this section shall apply with respect to any rule adopted on or after the date of the enactment of this section. ``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS. ``(a) Limitation.--The Commission shall not require a two percent carrier-- ``(1) to file cost allocation manuals or to have such manuals audited, but a two percent carrier that qualifies as a class A carrier shall annually certify to the Commission that the two percent carrier's cost allocation complies with the rules of the Commission; or ``(2) to file Automated Reporting and Management Information Systems (ARMIS) reports. ``(b) Preservation of Authority.--Except as provided in subsection (a), nothing in this Act limits the authority of the Commission to obtain access to information under sections 211, 213, 215, 218, and 220 with respect to two percent carriers. ``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS. ``The Commission shall not require any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, including local and interexchange services, commercial mobile radio services, advanced services (within the meaning of section 706 of the Telecommunications Act of 1996), paging, Internet, information services or other enhanced services, or other services. The Commission shall not require any two percent carrier and its affiliates to maintain separate officers, directors, or other personnel, network facilities, buildings, research and development departments, books of account, financing, marketing, provisioning, or other operations. ``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION. ``(a) NECA Pool.--The participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. ``(b) Price Cap Regulation.--A two percent carrier may elect to be regulated by the Commission under price cap rate regulation, or elect to withdraw from such regulation, for one or more of its study areas at any time. The Commission shall not require a carrier making an election under this paragraph with respect to any study area or areas to make the same election for any other study area. ``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO PERCENT COMPANIES. ``The Commission shall permit two percent carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice showing the charges, classifications, regulations and practices therefor, without obtaining a waiver, or make any other showing before the Commission in advance of the tariff filing. The Commission shall not have authority to approve or disapprove the rate structure for such services shown in such tariff. ``SEC. 286. ENTRY OF COMPETING CARRIER. ``(a) Pricing Flexibility.--Notwithstanding any other provision of this Act, any two percent carrier shall be permitted to deaverage its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the Commission that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. ``(b) Pricing Deregulation.--Notwithstanding any other provision of this Act, upon receipt by the Commission of a certification by a two percent carrier that a local exchange carrier that is not a two percent carrier is engaged in facilities-based entry within the two percent carrier's service area, the Commission shall regulate such two percent carrier as non-dominant, and therefore shall not require the tariffing of the interstate service offerings of such two percent carrier. ``(c) Participation in Exchange Carrier Association Tariff.--A two percent carrier that meets the requirements of subsection (a) or (b) of this section with respect to one or more study areas shall be permitted to participate in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator, by electing to include one or more of its study areas in such tariff. ``(d) Definitions.--For purposes of this section: ``(1) Facilities-based entry.--The term `facilities-based entry' means, within the service area of a two percent carrier-- ``(A) the provision or procurement of local telephone exchange switching capability; and ``(B) the provision of local exchange service to at least one unaffiliated customer. ``(2) Contract-based tariff.--The term `contract-based tariff' shall mean a tariff based on a service contract entered into between a two percent carrier and one or more customers of such carrier. Such tariff shall include-- ``(A) the term of the contract, including any renewal options; ``(B) a brief description of each of the services provided under the contract; ``(C) minimum volume commitments for each service, if any; ``(D) the contract price for each service or services at the volume levels committed to by the customer or customers; ``(E) a brief description of any volume discounts built into the contract rate structure; and ``(F) a general description of any other classifications, practices, and regulations affecting the contract rate. ``(3) Service area.--The term `service area' has the same meaning as in section 214(e)(5). ``SEC. 287. SAVINGS PROVISIONS. ``(a) Commission Authority.--Nothing in this part shall be construed to restrict the authority of the Commission under sections 201 through 205 and 208. ``(b) Rural Telephone Company Rights.--Nothing in this part shall be construed to diminish the rights of rural telephone companies otherwise accorded by this Act, or the rules, policies, procedures, guidelines, and standards of the Commission as of the date of the enactment of this section.''. SEC. 5. LIMITATION ON MERGER REVIEW (a) Amendment.--Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end the following: ``(f) Deadline for Making Public Interest Determination.-- ``(1) Time limit.--In connection with any merger between two percent carriers, or the acquisition, directly or indirectly, by a two percent carrier or its affiliate of the securities or assets of another two percent carrier or its affiliate, the Commission shall make any determination required by subsection (d) of this section or section 214 not later than 60 days after the date an application with respect to such merger is submitted to the Commission. ``(2) Approval absent action.--If the Commission does not approve or deny an application as described in paragraph (1) by the end of the period specified, the application shall be deemed approved on the day after the end of such period. Any such application deemed approved under this subsection shall be deemed approved without conditions.''. (b) Effective Date.--The provisions of this section shall apply with respect to any application that is submitted to the Commission on or after the date of the enactment of this Act. Applications pending with the Commission on the date of the enactment of this Act shall be subject to the requirements of this section as if they had been filed with the Commission on the date of the enactment of this Act. SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR WAIVER. (a) Amendment.--Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by adding to the end the following: ``(c) Expedited Action Required.-- ``(1) Time limit.--Within 90 days after receiving from a two percent carrier a petition for reconsideration filed under this section or a petition for waiver of a rule, policy, or other Commission requirement, the Commission shall issue an order granting or denying such petition. If the Commission fails to act on a petition for waiver subject to the requirements of this section within this 90-day period, the relief sought in such petition shall be deemed granted. If the Commission fails to act on a petition for reconsideration subject to the requirements of this section within this 90 day period, the Commission's enforcement of any rule the reconsideration of which was specifically sought by the petitioning party shall be stayed with respect to that party until the Commission issues an order granting or denying such petition. ``(2) Finality of action.--Any order issued under paragraph (1), or any grant of a petition for waiver that is deemed to occur as a result of the Commission's failure to act under paragraph (1), shall be a final order and may be appealed.''. (b) Effective Date.--The provisions of this section shall apply with respect to any petition for reconsideration or petition for waiver that is submitted to the Commission on or after the date of the enactment of this Act. Pending petitions for reconsideration or petitions for waiver shall be subject to the requirements of this section as if they had been filed on the date of the enactment of this Act. Passed the House of Representatives October 3, 2000. Attest: Clerk.

Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not separately evaluate such burden upon such carriers. Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information systems (but requires a two percent carrier that qualifies as a class A carrier to annually certify to the FCC that such carrier's cost allocation complies with FCC rules). Prohibits the FCC from requiring any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, or to maintain separate officers, personnel, facilities, books or accounts, or other operations. States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association (NECA) or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time. Directs the FCC to permit two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing. Allows any two percent carrier to deaverage its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities-based entry within such carrier's service area. Requires the FCC to regulate such two percent carrier as non-dominant, and therefore not subject to tariffing of interstate services, after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff. Requires the FCC to determine: (1) within 60 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act).

Independent Telecommunications Consumer Enhancement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Classroom Trust Fund Act.'' SEC. 2. PURPOSE. The purposes of this title are-- (1) to dedicate a substantial portion of the on-budget surplus to enhancing the education system in the nation; (2) to promote excellence in elementary and secondary education programs in the Nation; (3) to increase parental involvement in the education of their children; (4) to boost student achievement in academic subjects to high levels; (5) to improve basic skills instruction, and to increase teacher performance and accountability; (6) to return the responsibility and control for education to parents, teachers, schools, and local communities; (7) to increase direct education funding to local schools; and (8) to give States and communities maximum freedom in determining how to boost academic achievement and implement education reforms. SEC. 3. DEFINITIONS. In this title: (a) Local Educational Agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (b) Secretary.--The term ``Secretary'' means the Secretary of Education. (c) On-Budget Surplus.--For purposes of this section, the on- budget, non-Medicare part A surplus for that fiscal year, shall be determined by combining the on-budget surplus and the Medicare part A surplus as set forth in the ``Budget and Economic Outlook'' as reported by the Congressional Budget Office in January of the year preceding the concurrent resolution on the budget pursuant to section 301(a)(3) for that fiscal year. SEC. 4. ESTABLISHMENT OF TRUST FUND. (a) In General.--There is established in the Treasury of the United States a fund to be known as the Children's Classroom Trust Fund (in this title referred to as the ``Trust Fund''), consisting of such amounts as provided for in subsection (b). Amounts in the accounts of the Trust Fund shall remain available until expended for the purposes established by this Act. (b) Transfer to Fund of Amounts Specified.--At the beginning of each Fiscal Year, the Secretary of the Treasury shall transfer to the Children's Classroom Trust Fund, for each fiscal year 2001 through 2010, the amount equivalent to eleven percent of the on-budget, non- Medicare part A surplus for that fiscal year. In the case of a fiscal year in which there is no on-budget surplus, exclusive of Medicare Part A surpluses, there shall be no transfers to the Trust Fund under this section. (c) Expenditures From Trust Fund.--Amounts in the accounts of the Trust Fund are available to the Secretary for making payments under section 5. (d) Point of Order.-- (1) It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- (A) the enactment of that bill or resolution as reported; (B) the adoption and enactment of that amendment; or (C) the enactment of that bill or resolution in the form recommended in that conference report, would reduce the amount of the Children's Classroom Trust Fund for any purposes other than those established in Section 5 of this legislation. (2) Waiver.--Subsection (d)(1) of this section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. SEC. 5. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES. (a) Direct Awards.--The Secretary shall make direct awards to local educational agencies from the Children's Classroom Trust Fund in amounts determined under subsection (b) to enable the local educational agencies to support programs or activities, for kindergarten through grade 12 students, that the local educational agencies deem appropriate. (b) Determination of Awards Amount.-- (1) Per child amount.--The Secretary, using the information provided under subsection (c), shall determine a per child amount for a year by dividing the total amount appropriated under section 5 for the year, by the average daily attendance of kindergarten through grade 12 students in all States for the preceding year. (2) Local educational agency award.--The Secretary, using the information provided under subsection (c), shall determine the amount to be provided to each local educational agency under this section for a year by multiplying-- (A) the per child amount determined under paragraph (1) for the year; by (B) the average daily attendance of kindergarten through grade 12 students that are served by the local educational agency for the preceding year. (c) Census Determination.-- (1) In general.--Not later than December 1 of each year, each local educational agency shall conduct a census to determine the average daily attendance of kindergarten through grade 12 students served by the local educational agency. (2) Submission.--Not later than March 1 of each year, each local educational agency shall submit the number described in paragraph (1) to the Secretary. (3) Penalty.--If the Secretary determines that a local educational agency has knowingly submitted false information under paragraph (1) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under paragraph (1). (d) Disbursal.--The Secretary shall disburse the amount awarded to a local educational agency under this title for a fiscal year not later than July 1 of each year. SEC. 6. REQUIREMENTS FOR FAILING LOCAL EDUCATIONAL AGENCIES. (a) In General.--In the case of a failing local educational agency receiving funds under section 4 for a fiscal year, such failing local educational agency shall use such award only for purposes directly related to improving elementary school and secondary school students' academic performance consistent with subsection (d). (b) Title I Funding.-- (1) In general.--Notwithstanding any other provision of law, funds provided to a failing local educational agency under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall be spent in accordance with this section. (2) Applicability provision.--The provisions of parts A, B, C, and D of title I of the Elementary and Secondary Education Act of 1965 shall not apply to a failing local educational agency other than the allocation and allotment provisions under part A of such title. (c) Failing Local Agency Plan.-- (1) Plan required.--Each failing local educational agency shall submit a plan to the Secretary at such time and in such manner as the Secretary may require. A plan submitted under this subsection-- (A) shall describe the activities to be funded by the failing local educational agency under subsections (a) and (b) consistent with subsection (d); and (B) may request an exemption from the uses of funds restrictions under subsection (d) for elementary schools and secondary schools served by the failing local educational agency that met the State's performance-based accreditation or categorization standards for the previous fiscal year. (2) Plan approval.--The Secretary shall approve a plan submitted under paragraph (1) if the plan meets the requirements described in paragraph (1). (3) Plan dissemination.--Each failing local educational agency having a plan approved under paragraph (2) shall widely disseminate such plan, throughout the area served by such agency, and post the plan publicly, including on the Internet. (d) Uses of Funds.--Each failing local educational agency having a plan approved under subsection (c)(2) for a fiscal year may use the award provided under section 103(a) and funds provided under title I of the Elementary and Secondary Education Act of 1965 (2) U.S.C. 6301 et seq.) for such fiscal year only for the following activities: (1) To recruit, retain, and reward high-quality teachers. (2) To focus on teaching basic educational skills. (3) To provide remedial instruction in core academic subjects that are assessed by standards set by the State educational agency or local educational agency. (4) To fund mentoring programs for elementary school and secondary school students who need assistance in reading, writing, or arithmetic. (5) To use proven methods of instruction, such as phonics, that are based upon reliable research. (6) To provide for extended day learning. (7) To ensure that parents of elementary school and secondary school students realize that parents play a significant role in their child's educational success, and to encourage parents to become active in their child's education; and (8) To provide any other activity that a local educational agency proposes, and the Secretary approves, as an activity that relates directly to improving students' academic performance. (e) Annual Report.-- (1) Report.--A failing local educational agency shall annually submit a report to the Secretary describing-- (A) the use of funds under this section; and (B) the annual performance of all children served by the failing local educational agency as measured by its State's performance-based accreditation or categorization standards. (2) Privacy.--The report required under this section shall not contain any information, such as names, addresses, or grades, that might be used to identify the children whose performance is described in the report. (3) Dissemination.--A failing local educational agency shall widely disseminate the report submitted under paragraph (1) throughout the area served by such agency, and post the report publicly, including on the Internet, so that parents and others in the community can account for Federal education funding under this title. (f) Meeting Standards.-- (1) In general.--If, for 2 consecutive fiscal years after a failing local educational agency is required to use funds in accordance with subsection (d), such local educational agency succeeds in meeting its State's performance-based accreditation or categorization standards, then the provisions of this section shall cease to apply to such local educational agency. (2) Bonus awards.-- (A) In general.--A local educational agency described in paragraph (1) may receive a bonus award from amounts appropriated under subparagraph (C), to use for purposes such as rewarding elementary school and secondary school teachers and principals who improved student performance, and for professional development opportunities for such teachers and principals. (B) Distribution.--A local educational agency receiving a bonus award under this paragraph shall determine how to distribute the award to individual elementary schools and secondary schools. An elementary school or a secondary school receiving such an award shall determine how such award shall be spent. (C) Funding of bonus awards.--Of the amounts transferred to the Trust Under section 3(b); the Secondary shall set aside no more than 5 percent of the total amount to be used for bonus awards. (g) Penalty.--If a failing local educational agency spends funds subject to the use of funds restrictions described in subsection (d) in a manner inconsistent with subsection (d) for a fiscal year, then the Secretary shall reduce the funds such agency receives under section 103(a) for the succeeding fiscal year by an amount equal to the amount spent improperly by such agency. SEC. 7. AUDIT. (a) In General.--The Secretary may conduct audits of the expenditures of local educational agencies under this Act to ensure that the funds made available under this Act are used in accordance with this Act. (b) Sanctions and Penalties.--If the Secretary determines that the funds made available under section 4 were not used in accordance with this Act, the Secretary may use the enforcement provisions available to the Secretary under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.).

Directs the Secretary of Education to make direct awards from the Trust Fund, based on average daily attendance, to enable local educational agencies ( LEAs) to support programs or activities appropriate for kindergarten through grade 12 students. Requires failing LEAs to use such awards, as well as funds provided for disadvantaged students under title I the Elementary and Secondary Education Act of 1965, only for specified authorized uses directly related to improving elementary school and secondary school students' academic performance. Requires plans and reports by failing LEAs. Allows failing LEAs that meet State performance-based accreditation or categorization standards for two consecutive fiscal years to: (1) cease being subject to special requirements under this Act; and (2) receive bonus awards, which may be used for rewards and professional development opportunities for teachers and principals who improved student performance.

Children's Classroom Trust Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. California.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ 17''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by-- (1) deleting ``Portland'' and ``Seattle'' in the item relating to the ninth circuit; and (2) inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Las Vegas, Phoenix, Anchorage, Missoula, Portland, Seattle.''. SEC. 6. JUDGESHIPS. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands or Nevada shall be a circuit judge of the new ninth circuit as of such effective date. (b) Appointment of Judges for the Twelfth Circuit.--The President shall appoint, by and with the advice of the Senate, 17 circuit judges for the new twelfth circuit, selected from the States assigned to the new twelfth circuit. The official duty station of a judge appointed under this paragraph shall be the locations in the table contained in section 48(a) of title 28, United States Code, as amended by this Act. SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. SENIORITY OF JUDGES. The seniority of each judge appointed under section 6(b) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 9. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 10. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect immediately upon enactment of this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.

Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017 This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit that consists of only California; and (2) a newly established Twelfth Circuit to be composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Hawaii. The Twelfth Circuit must hold regular sessions in Las Vegas, Phoenix, Anchorage, Missoula, Portland, and Seattle. Each circuit judge of the former Ninth Circuit who is in regular active service and whose official duty station is currently in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, the Northern Mariana Islands, or Nevada shall be a circuit judge of the new Ninth Circuit. The President shall appoint, with the advice of the Senate, 17 circuit judges for the new Twelfth Circuit, selected from the states assigned to that circuit. Senior circuit judges of the former Ninth Circuit currently stationed in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands may elect their circuit assignment.

Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tire Efficiency, Safety, and Registration Act of 2015'' or the ``TESR Act''. SEC. 2. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS. Section 32304A of title 49, United States Code, is amended-- (1) in the section heading, by inserting ``and standards'' after ``consumer tire information''; (2) in subsection (a)-- (A) in the heading, by striking ``Rulemaking'' and inserting ``Consumer Tire Information''; and (B) in paragraph (1), by inserting ``(referred to in this section as the `Secretary')'' after ``Secretary of Transportation''; (3) by redesignating subsections (b) through (e) as subsections (e) though (h), respectively; and (4) by inserting after subsection (a) the following: ``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum Performance Standards.-- ``(1) In general.--The Secretary, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall promulgate regulations for tire fuel efficiency minimum performance standards for-- ``(A) passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 kilometers per hour; and ``(B) passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour. ``(2) Tire fuel efficiency minimum performance standards.-- ``(A) Standard basis and test procedures.--The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified in section 575.106 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). ``(B) No disparate effect on high performance tires.--The Secretary shall ensure that the minimum performance standards promulgated under paragraph (1) will not have a disproportionate effect on passenger car high performance tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour. ``(C) Applicability.-- ``(i) In general.--This subsection applies to new pneumatic tires for use on passenger cars. ``(ii) Exceptions.--This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less. ``(c) Promulgation of Regulations for Tire Wet Traction Minimum Performance Standards.-- ``(1) In general.--The Secretary shall promulgate regulations for tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency. ``(2) Tire wet traction minimum performance standards.-- ``(A) Basis of standard.--The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of peak coefficient of friction. ``(B) Test procedures.--Any test procedure promulgated under this subsection shall be consistent with any test procedure promulgated under subsection (a). ``(C) Benchmarking.--The Secretary shall conduct testing to benchmark the wet traction performance of tire models available for sale in the United States as of the date of enactment of this Act to ensure that the minimum performance standards promulgated under paragraph (1) are tailored to-- ``(i) tires sold in the United States; and ``(ii) the needs of consumers in the United States. ``(D) Applicability.-- ``(i) In general.--This subsection applies to new pneumatic tires for use on passenger cars. ``(ii) Exceptions.--This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less. ``(d) Coordination Among Regulations.-- ``(1) Compatibility.--The Secretary shall ensure that the test procedures and requirements promulgated under subsections (a), (b), and (c) are compatible and consistent. ``(2) Combined effect of rules.--The Secretary shall evaluate the regulations promulgated under subsections (b) and (c) to ensure that compliance with the minimum performance standards promulgated under subsection (b) will not diminish wet traction performance of affected tires. ``(3) Rulemaking deadlines.--The Secretary shall promulgate -- ``(A) the regulations under subsections (b) and (c) not later than 24 months after the date of enactment of this Act; and ``(B) the regulations under subsection (c) not later than the date of promulgation of the regulations under subsection (b).''. SEC. 3. TIRE REGISTRATION BY INDEPENDENT SELLERS. Section 30117(b) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) Rulemaking.-- ``(A) In general.--The Secretary shall initiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of-- ``(i) the name and address of tire purchasers and lessors and information identifying the tire that was purchased or leased; and ``(ii) any additional records the Secretary considers appropriate. ``(B) Electronic transmission.--The rulemaking carried out under subparagraph (A) shall require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit the records described in clauses (i) and (ii) of subparagraph (A) to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors. ``(C) Satisfaction of requirements.--A regulation promulgated under subparagraph (A) may be considered to satisfy the requirements of paragraph (2)(B).''. SEC. 4. TIRE RECALL DATABASE. (a) In General.--The Secretary of Transportation shall establish a publicly available and searchable electronic database of tire recall information that is reported to the Administrator of the National Highway Traffic Safety Administration. (b) Tire Identification Number.--The database established under subsection (a) shall be searchable by Tire Identification Number (TIN) and any other criteria that assists consumers in determining whether a tire is subject to a recall.

Tire Efficiency, Safety, and Registration Act of 2015 or the TESR Act This bill requires the Department of Transportation (DOT) to establish tire fuel efficiency minimum performance standards, tire registration requirements, and a tire recall database. DOT must establish: tire fuel efficiency minimum performance standards for passenger car tires that meet specified requirements, and tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency. DOT must require tire distributors or dealers that are not owned or controlled by a tire manufacturer to maintain records that include the names and addresses of customers and the tires that are leased or purchased. The distributors or dealers must electronically transmit the records to the tire manufacturers at no cost to the customers. DOT must also establish a publicly available and searchable electronic database of tire recall information that is reported to the National Highway Traffic Safety Administration. The database must be searchable by Tire Identification Number and any other criteria that assist consumers in determining whether a tire is subject to a recall.

TESR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported Seafood Safety Standards Act''. SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 805. SAFETY OF IMPORTED SEAFOOD. ``(a) Requirement of Equivalence.-- ``(1) Standards for exporting country.--No seafood may be imported into the United States from a foreign country unless the Secretary certifies that the seafood imported from such country is maintained through a program using reliable analytical methods to ensure compliance with the United States standards for seafood manufacturing, processing, and holding. ``(2) Inspection of exporting facilities.--In accordance with the procedures described under section 704, officers and employees duly designated by the Secretary shall conduct not less than 1 inspection on an annual basis of each foreign facility that exports seafood to the United States to ensure that each such foreign facility maintains a program using reliable analytical methods to ensure compliance with the United States standards for seafood manufacturing, processing, and holding. In addition to such annual inspection, such officers and employees shall conduct periodic follow-up inspections of such foreign facilities as determined necessary by the Secretary. ``(b) Mandatory Testing.-- ``(1) Minimum testing.--The Secretary shall inspect and test not less than 20 percent of all seafood imported or offered for import into the United States each year. ``(2) New exporters.--Notwithstanding any other provision of this Act, the first 15 shipments of seafood imported or offered for import into the United States from an exporter shall be inspected and tested by the Secretary. ``(3) Failure to pass inspection.-- ``(A) One failure.--If a shipment of seafood imported or offered for import into the United States by an exporter fails to meet an inspection or test requirements, each subsequent shipment of seafood from such exporter shall be inspected and tested by the Secretary, until 15 consecutive shipments pass inspection and testing. ``(B) Multiple failures.-- ``(i) In general.--If more than 3 shipments of seafood imported or offered for import into the United States by an exporter fail to meet inspection or tests requirements during any 1- year period, no shipments from such exporter may be imported or offered for import into the United States for the following 1-year period. Following such 1-year period when no shipments may be so imported or offered, such exporter shall not be permitted to offer imports to the United States unless the Secretary certifies that such exporter is maintaining a program using reliable analytical methods to ensure compliance with the United States standards for seafood manufacturing, processing, and holding. ``(ii) Determination by secretary.-- Shipments of seafood imported or offered for import into the United States by an exporter that has been subject to a 1-year suspension period and a certification under clause (i) shall be inspected at a rate determined appropriate by the Secretary for a period of time as determined appropriate by the Secretary. ``(C) Pattern of failures.--If the Secretary determines that shipments of seafood imported or offered for import into the United States from a particular country repeatedly fail to meet inspection or testing requirements, all shipments of seafood from such country shall be refused entry into the United States until the Secretary makes a certification described under subsection (a). ``(D) Procedures.--The testing and inspections procedures used under this paragraph shall be carried out in accordance with section 801. ``(4) Fees.--The Secretary shall by regulation impose such fees on exporters in such amounts as may be necessary to provide, equip, and maintain an adequate and efficient inspection service to carry out this subsection. Receipts from such fees shall be covered into the Treasury and shall be available to the Secretary for expenditures incurred in carrying out the purposes of this subsection, including expenditures for salaries of additional inspectors when necessary to supplement the number of inspectors for whose salaries Congress has appropriated. ``(c) Effect of Shipments That Fail To Meet Requirements.-- ``(1) In general.--Notwithstanding section 801, if a shipment of seafood imported or offered for import into the United States fails to meet safety standards established by the Secretary, such shipment shall be detained or destroyed unless the imported shipment meets criteria for re-export, as determined by the Secretary. ``(2) Labeling.--If a shipment of seafood has been refused admission under paragraph (1), other than such a shipment that is required to be destroyed, the Secretary shall require the owner or consignee of the shipment to affix to the container of the seafood a label that clearly and conspicuously bears the statement: `UNITED STATES: REFUSED ENTRY'. ``(3) Exporting to foreign country.--If the appropriate authority of a foreign country notifies the Secretary, not later than 45 days after the shipment is rejected under paragraph (1), that the shipment will be accepted in that country, such shipment may be released to the importer for exportation to such foreign country. ``(4) Destruction of shipment.--If the Secretary deems that a shipment rejected under paragraph (1), if it were to have been allowed entry, could have caused significant health risks if consumed by humans, the shipment shall be destroyed notwithstanding the receipt of a notification under paragraph (3). ``(5) Notification to ports of entry.--The Secretary shall notify ports of entry not later than 5 days after a shipment described in paragraph (1)-- ``(A) was determined to fail to meet safety standards established by the Secretary under such paragraph; or ``(B) was detained or destroyed. ``(d) Ports of Entry.-- ``(1) In general.--Notwithstanding any other provision of this chapter, seafood may be imported or offered for import at only those ports of entry into the United States that have the personnel trained to conduct the applicable testing and inspection of seafood, as certified by the Secretary under paragraph (2). ``(2) Certification.--The Secretary shall certify which ports of entry into the United States have the personnel trained to conduct the applicable testing and inspection of seafood. ``(3) Effect of certification requirement.--If a port of entry-- ``(A) was, on the day before the date of enactment of this section, a port of entry that accepted seafood imported or offered for import into the United States; and ``(B) does not meet the requirements for certification under paragraph (2), the Secretary shall, as soon as practicable after the date of enactment of this section, provide proper personnel levels and training to enable such port to be certified under paragraph (2). ``(e) Annual Report.--On an annual basis, the Secretary shall submit to Congress a report that describes the implementation of this section, including-- ``(1) summary data relating to inspections and testing under this section, and any noncompliance with the applicable provisions of this Act; and ``(2) recommendations of any improvements or other modifications to this section determined necessary by the Secretary. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Prohibited Act; Penalties.--Chapter III of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended-- (1) in section 301, by adding at the end the following: ``(uu) The making of a knowingly false statement with respect to a test or inspection carried out under section 805, or knowingly misbranding any seafood imported under such section.''; and (2) in section 303, by adding at the end the following: ``(h)(1) Any person who violates section 301(uu) shall be subject to a civil penalty in an amount not to exceed $250,000 for each such violation, and not to exceed $1,100,000 for all such violations after the second conviction in any 3-year period. ``(2) Paragraphs (5), (6), and (7) of subsection (f) shall apply to a civil penalty assessment under this subsection in the same manner as such paragraphs apply to a civil penalty assessment under subsection (f)(1).''. SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPECTIONS. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.), as amended by section 2, is further amended by adding at the end the following: ``SEC. 805A. COOPERATION WITH STATES TO CONDUCT SEAFOOD INSPECTIONS. ``(a) Establishment of Cooperative Inspection Program.--The Secretary may establish a program under which a State may conduct inspection, testing, and certification of seafood imported or offered for import into the United States. ``(b) Components of Program.--Under the program established under subsection (a)-- ``(1) the Secretary shall-- ``(A) provide training to State officials to enable such officials to carry out inspection, testing, and certification, in accordance with Federal requirements and safety standards, of seafood imported or offered for import into the United States; and ``(B) certify such State officials as authorized agents of the Federal Government to carry out such inspections, testing, and certification; and ``(2) a State that receives a grant under subsection (c) shall-- ``(A) comply with all requirements of the Secretary with respect to the training and certification of State officials described under paragraph (1); ``(B) inspect, test, and certify, in accordance with Federal requirements and safety standards, seafood imported or offered for import into the United States; and ``(C) carry out any other activities as determined necessary by the Secretary to ensure the safety of seafood imported or offered for import into the United States. ``(c) Grants.-- ``(1) In general.--The Secretary shall award grants to States to carry out the cooperative seafood inspection program established under subsection (a). ``(2) Application.--To be eligible to receive a grant under paragraph (1), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

Imported Seafood Safety Standards Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the importation of any seafood from a foreign country unless the country complies with U.S. standards for seafood manufacturing, processing, and holding. Requires an annual inspection of each foreign facility that exports seafood to the United States to ensure compliance with such standards. Requires periodic follow-up inspections of such foreign facilities as determined necessary by the Secretary of Health and Human Services (HHS). Requires the Secretary to inspect and test: (1) not less than 20% of all imported seafood each year; and (2) the first 15 shipments of seafood imported or offered for import into the United States from an exporter. Sets forth inspection and test requirements that apply with respect to exporters that fail to meet inspection or test requirements. Directs the Secretary to: (1) refuse entry of all seafood shipments from a country that repeatedly fails to meet inspection or testing requirements; and (2) establish exporter fees as necessary. Requires the detention or destruction of imported seafood that fails to meet safety standards unless the shipment meets criteria for re-export. Allows importation of seafood at only those U.S. ports of entry that have the personnel trained to conduct the applicable testing and inspections. Prohibits: (1) making a knowingly false statement with respect to a test or inspection under this Act; or (2) knowingly misbranding any seafood imported under this Act. Establishes a civil penalty for violations. Authorizes the Secretary to establish a program under which a state may conduct inspection, testing, and certification of U.S. seafood imports.

A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure the safety of imported seafood.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prison Conditions Litigation Reform Act''. SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) In General.--Section 3626 of title 18, United States Code, is amended to read as follows: ``Sec. 3626. Appropriate remedies with respect to prison conditions ``(a) Requirements for Relief.-- ``(1) Prospective relief.--Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation. In determining the intrusiveness of the relief, the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. ``(2) Preliminary injunctive relief.--In any civil action with respect to prison conditions, to the extent otherwise authorized by law, the court may enter a temporary restraining order or an order for preliminary injunctive relief. Preliminary injunctive relief shall automatically expire on the date that is 90 days after its entry, unless the court makes the order final before the expiration of the 90-day period. ``(3) Prisoner release order.--(A) In any civil action with respect to prison conditions, no prisoner release order shall be entered unless-- ``(i) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and ``(ii) the defendant has had a reasonable amount of time to comply with the previous court orders. ``(B) In any civil action in Federal court with respect to prison conditions, a prisoner release order shall be entered only by a three-judge court in accordance with section 2284 of title 28, if the requirements of subparagraph (E) have been met. ``(C) A party seeking a prisoner release order in Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (A) have been met. ``(D) If the requirements under subparagraph (A) have been met, a Federal judge before whom a civil action with respect to prison conditions is pending who believes that a prison release order should be considered may sua sponte request the convening of a three-judge court to determine whether a prisoner release order should be entered. ``(E) The court shall enter a prisoner release order only if the court finds-- ``(i) by clear and convincing evidence-- ``(I) that crowding is the primary cause of the violation of a Federal right; and ``(II) that no other relief will remedy the violation of the Federal right; and ``(ii) by a preponderance of the evidence-- ``(I) that crowding has deprived a particular plaintiff or plaintiffs of at least one essential, identifiable human need; and ``(II) that prison officials have acted with obduracy and wantonness in depriving a particular plaintiff or plaintiffs of at least one essential, identifiable human need. ``(F) Any State or local official or unit of government whose jurisdiction or function includes the prosecution or custody of persons who may be released from, or not admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition or continuation in effect of such relief, and shall have the right to intervene in any proceeding relating to such relief. ``(b) Termination of Relief.-- ``(1) Termination of prospective relief.--(A) In any civil action with respect to prison conditions in which prospective relief is ordered, such relief shall be terminable upon the motion of any party-- ``(i) 2 years after the date the court granted or approved the prospective relief; ``(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph; or ``(iii) in the case of an order issued on or before the date of enactment of the Prison Litigation Reform Act, 2 years after such date of enactment. ``(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subparagraph (A). ``(2) Immediate termination of prospective relief.--In any civil action with respect to prison conditions, a defendant or intervener shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation. ``(3) Limitation.--Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct the violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is the least intrusive means to correct the violation. ``(4) Termination or modification.--Nothing in this section shall prevent any party from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. ``(c) Settlements.-- ``(1) Consent decrees.--In any civil action with respect to prison conditions, the court shall not enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). ``(2) Private settlement agreements.--(A) Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a), if the terms of that agreement are not subject to court enforcement other than the reinstatement of the civil proceeding that the agreement settled. ``(B) Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached from seeking in State court any remedy for breach of contract available under State law. ``(d) State Law Remedies.--The limitations on remedies in this section shall not apply to relief entered by a State court based solely upon claims arising under State law. ``(e) Procedure for Motions Affecting Prospective Relief.-- ``(1) Generally.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. ``(2) Automatic stay.--Any prospective relief subject to a pending motion shall be automatically stayed during the period-- ``(A)(i) beginning on the 30th day after such motion is filed, in the case of a motion made under paragraph (1) or (2) of subsection (b); or ``(ii) beginning on the 180th day after such motion is filed, in the case of a motion made under subsection (b)(3); and ``(B) ending on the date the court enters a final order ruling on the motion. ``(f) Definitions.--As used in this section-- ``(1) the term `consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties; ``(2) the term `civil action with respect to prison conditions' means any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison; ``(3) the term `prisoner' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program; ``(4) the term `prisoner release order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison; ``(5) the term `prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; ``(6) the term `prospective relief' means all relief other than monetary damages; and ``(7) the term `relief' means all relief in any form that may be granted or approved by the court, and includes consent decrees and settlement agreements (except a settlement agreement the breach of which is not subject to any court enforcement other than reinstatement of the civil proceeding that such agreement settled).''. (b) Application of Amendment.-- (1) In general.--Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to all relief (as defined in such section) whether such relief was originally granted or approved before, on, or after the date of the enactment of this Act. (2) Technical amendment.--Subsections (b) and (d) of section 20409 of the Violent Crime Control and Law Enforcement Act of 1994 are repealed. (c) Clerical Amendment.--The table of sections at the beginning of subchapter C of chapter 229 of title 18, United States Code, is amended to read as follows: ``3626. Appropriate remedies with respect to prison conditions.''. SEC. 3. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT. Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by adding at the end the following new subsections: ``(f) Attorney's Fees.--(1) In any action brought by a prisoner who is confined to any jail, prison, or other correctional facility, in which attorney's fees are authorized under section 2 of the Revised Statutes of the United States (42 U.S.C. 1988), such fees shall be awarded only if-- ``(A) the fee was directly and reasonably incurred in proving an actual violation of the plaintiff's rights protected by a statute pursuant to which a fee may be awarded under section 2 of the Revised Statutes; and ``(B) the amount of the fee is proportionately related to the court ordered relief for the violation. ``(2) Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy the amount of attorney's fees awarded against the defendant. If the award of attorney's fees is greater than 25 percent of the judgment, the excess shall be paid by the defendant. ``(3) No award of attorney's fees in an action described in paragraph (1) shall be based on an hourly rate greater than the hourly rate established under section 3006A of title 18, United States Code, for payment of court-appointed counsel. ``(4) Nothing in this subsection shall prohibit a prisoner from entering into an agreement to pay an attorney's fee in an amount greater than the amount authorized under this subsection, if the fee is paid by the individual rather than by the defendant pursuant to section 2 of the Revised Statutes of the United States (42 U.S.C. 1988). ``(g) Telephone Hearings.--To the extent practicable, in any action brought in Federal court pursuant to section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) by a prisoner crime confined in any jail, prison, or other correctional facility, pretrial proceedings in which the prisoner's participation is required or permitted shall be conducted by telephone without removing the prisoner from the facility in which the prisoner is confined. Any State may adopt a similar requirement regarding hearings in such actions in that State's courts. ``(h) Definition.--As used in this section, the term `prisoner' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.''. SEC. 4. SUCCESSIVE CLAIMS IN PROCEEDINGS IN FORMA PAUPERIS. Section 1915 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) In no event shall a prisoner in any prison bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious bodily harm. ``(2) As used in this subsection, the term `prisoner' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.''.

Prison Conditions Litigation Reform Act - Revises Federal criminal code provisions regarding remedies for prison crowding to substitute provisions regarding remedies for prison conditions. Prohibits: (1) prospective relief in any civil action regarding prison conditions from extending further than necessary to correct the violation of the Federal right of particular plaintiffs; and (2) the court from granting or approving any such relief unless that relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief, which shall expire automatically 90 days after its entry, with exceptions. Prohibits a prisoner release order from being entered unless: (1) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right, and the defendant has had a reasonable amount of time to comply with the previous court orders; and (2) it is entered by a three-judge court, which finds by clear and convincing evidence that crowding is the primary cause of the violation and no other relief will remedy it and finds by a preponderance of the evidence that crowding has deprived an identifiable plaintiff of at least one essential human need. Sets forth provisions regarding: (1) termination or modification of relief; (2) settlements; (3) State law remedies; and (4) procedure for motions affecting prospective relief. (Sec. 3) Amends the Civil Rights of Institutionalized Persons Act to authorize the award of attorney's fees in an action brought by a prisoner only if: (1) the fee was directly and reasonably incurred in proving an actual violation of the plaintiff's rights protected by a statute pursuant to which a fee may be awarded under the Revised Statutes; and (2) the amount of the fee is proportionately related to the court ordered relief for the violation. Requires, in an action brought in Federal court by a prisoner, that pretrial proceedings in which the prisoner's participation is required or permitted be conducted by telephone without removing the prisoner from the facility in which the prisoner is confined. Allows any State to adopt a similar requirement regarding hearings in such actions in that State's courts. (Sec. 4) Amends the Federal judicial code to prohibit a prisoner from bringing a civil action or appealing a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three or more prior occasions, brought an action or appeal in a U.S. court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could have been granted, unless the prisoner is under imminent danger of serious bodily harm.

Prison Conditions Litigation Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``September 11 Survivors Student Loan Relief Act''. SEC. 2. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SURVIVORS OF VICTIMS OF THE SEPTEMBER 11, 2001, ATTACKS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who, as determined in accordance with regulations of the Secretary-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (2) Eligible victim.--The term ``eligible victim'' means an individual who, as determined in accordance with regulations of the Secretary, died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (3) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary, including any consolidation loan that was used jointly by the eligible public servant and his or her spouse to repay the Federal student loans of the spouse and the eligible public servant; (B) the portion incurred on behalf of the eligible victim (other than an eligible public servant), of a Federal student loan that is a consolidation loan that was used jointly by the eligible victim and his or her spouse, as determined in accordance with regulations of the Secretary, to repay the Federal student loans of the eligible victim and his or her spouse; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim. (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001. Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.

September 11 Survivors Student Loan Relief Act - Directs the Secretary of Education to discharge or cancel the federal student loan indebtedness of spouses and parents of individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001. States that, in the case of a consolidation loan used jointly by a victim of such attacks and his or her spouse, the discharge or cancellation shall apply only to that portion of debt incurred on behalf of the victim; except that, where the victim served as a police officer, firefighter, other safety or rescue personnel, or member of the Armed Forces, all of the debt on such loan shall be discharged or canceled.

To provide student loan forgiveness to the survivors of victims of the terrorist attack on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Christa McAuliffe Commemorative Coin Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Christa McAuliffe was a social studies teacher at Concord High School in Concord, New Hampshire. (2) In 1985, Christa McAuliffe was selected to be the first participant in the Teacher in Space program of the National Aeronautics and Space Administration. (3) On January 28, 1986, Christa McAuliffe and 6 other astronauts were tragically killed during the Space Shuttle Challenger disaster. (4) In 1989, For Inspiration and Recognition of Science and Technology (in this Act referred to as ``FIRST'') was founded to inspire young people's interest and participation in science and technology. (5) The mission of FIRST ``is to inspire young people to be science and technology leaders, by engaging them in exciting mentor-based programs that build science, engineering, and technology skills, that inspire innovation, and that foster well-rounded life capabilities including self-confidence, communication, and leadership''. (6) Each year, more than 1,000,000 children from the United States and more than 86 countries participate in a FIRST program. (7) Studies have shown that alumni of FIRST programs are more likely to become scientists and engineers and to volunteer in their communities. (8) FIRST is dedicated to carrying on the mission of Christa McAuliffe of inspiring students and creating a new generation of dreamers and innovators. (9) 2016 marks the 30th anniversary of the Space Shuttle Challenger tragedy. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of Christa McAuliffe, the Secretary of the Treasury (hereafter referred to in this Act as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall bear-- (A) an image of and the name of Christa McAuliffe on the obverse side; and (B) a design on the reverse side that depicts the legacy of Christa McAuliffe as a teacher. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2018''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the family of Christa McAuliffe and FIRST; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2018, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided under section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins, including-- (A) labor; (B) materials; (C) dies; (D) use of machinery; (E) overhead expenses; (F) marketing; and (G) shipping. (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, and section 8(2), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the FIRST robotics program for the purpose of engaging and inspiring young people, through mentor-based programs, to become leaders in the fields of science, technology, engineering, and mathematics. (c) Audits.--The FIRST robotics program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with respect to the amounts received under subsection (b). SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act, including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Christa McAuliffe Commemorative Coin Act of 2016 This bill directs the Department of the Treasury to mint and issue not more than 350,000 $1 silver coins in commemoration of Christa McAuliffe. The design of the coins shall bear an image of and the name of Christa McAuliffe on the obverse side and a design on the reverse side that depicts the legacy of McAuliffe as a teacher. Treasury may issue the coins from January 1-December 31, 2018. All surcharges received by Treasury from the sale of the coins shall be paid to the FIRST robotics program for the purpose of engaging and inspiring young people, through mentor-based programs, to become leaders in the fields of science, technology, engineering, and mathematics.

Christa McAuliffe Commemorative Coin Act of 2016

SECTION 1. RURAL ENERGY FOR AMERICA PROGRAM. Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) a nonprofit organization; and''; (2) in subsection (c)-- (A) by striking paragraph (1) and inserting the following: ``(1) Loan guarantee and grant program.-- ``(A) In general.--In addition to any similar authority, the Secretary shall provide loan guarantees and grants to agricultural producers and rural small businesses-- ``(i) to purchase renewable energy systems, including-- ``(I) systems that may be used to produce and sell electricity, such as for agricultural or residential purposes; and ``(II) unique components of renewable energy systems; and ``(ii) to make energy efficiency improvements. ``(B) Tiered application process.-- ``(i) In general.--In providing loan guarantees and grants under this subsection, the Secretary shall use a 3-tiered application process that reflects the sizes of proposed projects in accordance with this subparagraph. ``(ii) Tier 1.--The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is not more than $80,000. ``(iii) Tier 2.--The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is greater than $80,000 but less than $200,000. ``(iv) Tier 3.--The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is equal to or greater than $200,000. ``(v) Application process.--The Secretary shall establish an application, evaluation, and oversight process that is most simplified for tier I projects and more comprehensive for each subsequent tier.''; (B) in paragraph (2)-- (i) in subparagraph (C), by inserting ``and public health'' before ``benefits''; and (ii) by striking paragraph (F) and inserting the following: ``(F) the natural resource conservation benefits of the renewable energy system; and''; (C) in paragraph (3)-- (i) in subparagraph (A), by inserting ``in an amount not to exceed $100,000 per grant'' after ``in the form of grants''; and (ii) by striking subparagraph (C); (D) in paragraph (4)(C), by striking ``75 percent of the cost'' and inserting ``all eligible costs''; and (E) by adding at the end the following: ``(5) Requirement.--In carrying out this section, the Secretary shall not require a second meter for on-farm residential portions of rural projects connected to the grid.''; (3) in subsection (f)-- (A) by striking ``Not later'' and inserting the following: ``(1) In general.--Not later''; and (B) by adding at the end the following: ``(2) Subsequent report.--Not later than 4 years after the date of enactment of this paragraph, the Secretary shall submit to Congress a report on activities carried out under this section, including the outcomes achieved by projects funded under this section.''; and (4) in subsection (g)-- (A) in paragraph (1)(D), by striking ``for fiscal year 2012'' and inserting ``for each of fiscal years 2012 through 2017''; and (B) in paragraph (3)-- (i) by striking ``this section $25,000,000'' and inserting ``this section-- ``(A) $25,000,000''; (ii) by striking the period at the end and inserting a ``; and''; and (iii) by adding at the end the following: ``(B) $100,000,000 for each of fiscal years 2013 through 2017.''.

Amends the Farm Security and Rural Investment Act of 2002 regarding the Rural Energy for America Program to: (1) extend the Program through FY2017, (2) make nonprofit organizations eligible for assistance, (3) make assistance available to purchase unique components of renewable energy systems, (4) create a tiered loan and grant application process that reflects project size, (5) prohibit requiring a second meter for on-farm residential portions of rural projects connected to the energy grid, (6) permit the combined amount of a grant and a loan guarantee to cover all eligible activity costs, and (7) limit individual grant amounts for feasibility studies.

A bill to amend the Farm Security and Rural Investment Act of 2002 to reauthorize and improve the Rural Energy for America program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovators to Entrepreneurs Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Science Foundation Innovation Corps Program (hereinafter referred to as ``I-Corps''), created administratively by the Foundation in 2011 and statutorily authorized in the American Innovation and Competitiveness Act, has succeeded in increasing the commercialization of Government-funded research. (2) I-Corps provides valuable entrepreneurial education to graduate students, postdoctoral fellows, and other researchers, providing formal training for scientists and engineers to pursue careers in business, an increasingly common path for advanced degree holders. (3) The I-Corps Teams program is successful in part due to its focus on providing the specific types of education and mentoring entrepreneurs need based on the early stage of their companies, however the program does not provide similar support to them at later stages. (4) The success of I-Corps in the very early stages of the innovation continuum should be expanded upon by offering additional entrepreneurship training to small businesses as they advance toward commercialization. (5) The excellent training made available to grantees of participating agencies through the I-Corps Program should be made available to all Federal grantees as well as other businesses willing to pay the cost of attending such training. (6) The success of the I-Corps Program at promoting entrepreneurship within research institutions and encouraging research commercialization has been due in part to the National Science Foundation's efforts to date on building a national network of science entrepreneurs, including convening stakeholders, promoting national I-Corps courses, cataloguing best practices and encourage sharing between sites and institutions, and developing a mentor network. (7) As the I-Corps Program continues to grow and expand, the National Science Foundation should maintain its focus on networking and information sharing to ensure that innovators across the country can learn from their peers and remain competitive. SEC. 3. EXPANDED PARTICIPATION IN I-CORPS. Section 601(c)(2) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8(c)(2)) is amended by adding at the end the following: ``(C) Additional participants.-- ``(i) Eligibility.--The Director, in consultation with relevant stakeholders, as determined by the Director, which may include Federal agencies, I-Corps regional nodes, universities, and public and private entities engaged in technology transfer or commercialization of technologies, shall provide an option for participation in an I- Corps Teams course by-- ``(I) Small Business Innovation Research Program grantees; and ``(II) other entities, as determined appropriate by the Director. ``(ii) Cost of participation.--The cost of participation by a Small Business Innovation Research Program grantee in such course may be provided-- ``(I) through I-Corps Teams grants; ``(II) through funds awarded to grantees under the Small Business Innovation Research Program or the Small Business Technology Transfer Program; ``(III) by the grantor Federal agency of the grantee using funds set aside for the Small Business Innovation Research Program under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)); ``(IV) by the grantor Federal agency of the grantee using funds set aside for the Small Business Technology Transfer Program under section 9(n)(1) of the Small Business Act (15 U.S.C. 638(n)(1)); or ``(V) by the participating teams.''. SEC. 4. I-CORPS COURSE FOR COMMERCIALIZATION-READY PARTICIPANTS. (a) In General.--In carrying out the I-Corps program described in section 601(c) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8(c)), the Director shall develop an I-Corps course offered by I-Corps regional nodes to support commercialization-ready participants. Such course shall include skills such as attracting investors, scaling up a company, and building a brand. (b) Engagement With Relevant Stakeholders.--In developing the course under subsection (a), the Director may consult with the heads of such Federal agencies, universities, and public and private entities as the Director determines to be appropriate. (c) Eligible Participants.--The course developed under subsection (a) shall-- (1) support participants that have completed an I-Corps Teams course; (2) support participants that have made the decision to take an innovation to market. SEC. 5. REPORT. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the I-Corps program described in section 601(c) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8(c)). Such evaluation shall include an assessment of the effects of I-Corps on-- (1) the commercialization of Federally funded research and development; (2) the higher education system; and (3) regional economies and the national economy. SEC. 6. FUNDING. (a) Fiscal Years 2019 and 2020.--Out of amounts otherwise authorized for the National Science Foundation, there is authorized to be appropriated a total of $5,000,000 for fiscal years 2019 and 2020 to carry out the activities described in section 4 and the amendment made by section 3. (b) Limitation.--No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives April 24, 2018. Attest: KAREN L. HAAS, Clerk.

Innovators to Entrepreneurs Act of 2018 (Sec. 3) This bill amends the American Innovation and Competitiveness Act to require the National Science Foundation (NSF) to provide as an option under the Innovation Corps (I-Corps) Program participation in an I-Corps Teams course by grantees of the Small Business Innovation Research (SBIR) Program and other entities. The cost of participation by such a grantee in a course may be furnished: through I-Corps Teams grants, through funds awarded to grantees under the SBIR Program or the Small Business Technology Transfer (STTR) Program, by the grantor federal agency using the funds set aside for the SBIR and STTR Programs, or by the participating teams. (Sec. 4) The NSF shall develop an I-Corps course to support commercialization-ready participants. The course shall support participants that have completed an I-Corps Teams course and participants that have made the decision to market an innovation. (Sec. 5) The Government Accountability Office shall evaluate the I-Corps Program, including by assessing the effects of the I-Corps on the commercialization of federally funded research and development, the higher education system, regional economies, and the national economy. (Sec. 6) The bill authorizes funding through FY2020 for participation by SBIR grantees and other entities in the I-Corps program and for the development of an I-Corps course to support commercialization-ready participants.

Innovators to Entrepreneurs Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Childhood Hunger Challenge Act of 2010''. SEC. 2. STATE CHILDHOOD HUNGER CHALLENGE GRANTS. The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 22 the following: ``SEC. 23. STATE CHILDHOOD HUNGER CHALLENGE GRANTS. ``(a) In General.--From the amounts appropriated under subsection (k), the Secretary may competitively award grants, or enter into competitively awarded cooperative agreements with, the Governors of States to carry out comprehensive and innovative demonstration projects to end childhood hunger, including projects that establish public- private partnerships and alternative models for service delivery that promote the reduction or elimination of childhood hunger by 2015. ``(b) Grant Size.--In determining the size of a grant to award to a State under this section, the Secretary shall consider-- ``(1) the proportion of children in the State certified as eligible for free and reduced price meals under this Act; and ``(2) the rates of food insecurity, hunger, or poverty in the State, as determined by the Secretary. ``(c) Application.--To be eligible to receive a grant or cooperative agreement under this section, a Governor of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Projects.--A Governor of a State receiving funds under this section shall use such funds to carry out a demonstration project based on a comprehensive and innovative strategy to end childhood hunger, including a project that-- ``(1) enhances benefits or provides for innovative program delivery models in the Federal child nutrition programs, including the school meal programs, afterschool snack programs, summer feeding programs, weekend feeding programs, child and adult care food programs, the Special Supplemental Nutrition Program for Women, Infants, and Children established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and programs under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); ``(2) increase access and participation in Federal child nutrition programs; and ``(3) improve the coordination of Federal, State, and community resources and services aimed at eliminating food insecurity and hunger, including Federal nutrition assistance programs, Federal child nutrition programs, other Federal, State, or local assistance programs and services, and private or nonprofit assistance efforts. ``(e) Selection Criteria.-- ``(1) In general.--The Secretary, in consultation with the Secretaries listed in paragraph (2), shall determine the range of projects to be funded under this section and evaluate applications submitted under subsection (c) based on publicly disseminated criteria that may include-- ``(A) a description of the target population, including children eligible for free or reduced price meals under this Act or section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that are at risk of experiencing hunger or food insecurity; ``(B) a commitment to approaches that use rigorous methodologies for implementation and evaluation, as described in subsection (g); ``(C) a comprehensive and innovative strategy to reduce the risk of childhood hunger or provide a significant improvement to the food security status of households with children; ``(D) as part of the comprehensive and innovative strategy, a consideration of approaches to improve the nutritional status of children eligible for free and reduced price meals under this Act or section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(E) a partnership among public and private stakeholders that demonstrates a commitment to collaborate toward ending childhood hunger through a coordinated plan; ``(F) a preference for projects with a 25 percent non-Federal match that may be provided in cash or fairly evaluated in-kind contributions, including facilities, equipment, services, or staffing from a State government, a local government, or a private source; and ``(G) such other criteria as are determined by the Secretary. ``(2) Consultation.--The Secretary shall consult with-- ``(A) the Secretary of Health and Human Services; ``(B) the Secretary of Labor; ``(C) the Secretary of Education; and ``(D) the Secretary of Housing and Urban Development. ``(f) Requirements.--A Governor of a State receiving funding under this section to carry out a demonstration project shall provide for-- ``(1) a collaboration among key stakeholders in the State, such as representatives from business, nonprofits, faith- and community-based organizations, institutions of higher education, the philanthropic sector, and public agencies that oversee Federal child nutrition programs, education, housing, public health, and other social service programs; ``(2) a collaborative planning process that results in a comprehensive agenda to eliminate childhood hunger that is-- ``(A) described in a detailed project plan; and ``(B) provided to the Secretary for approval; ``(3) an annual budget; ``(4) specific performance goals, including the goal to sharply reduce or eliminate food insecurity among children in the State by 2015, as determined through a methodology prescribed by the Secretary and carried out by the Governor; and ``(5) an independent evaluation described in subsection (g). ``(g) Evaluation.--Each Governor of a State receiving funding under this section, with respect to any project carried out with such funds in the State, shall carry out an independent evaluation-- ``(1) that measures the impact of any activities carried out under the project on the level of food insecurity in the State that-- ``(A) focuses particularly on the rate of food insecurity among children in the State; ``(B) includes a preimplementation baseline and annual measurements taken during the project of the level of food insecurity in the State; and ``(C) is carried out using a scientifically valid methodology prescribed by the Secretary; and ``(2) that evaluates-- ``(A) the impact of the project on appropriate participation, food security, nutrition, and associated behavioral outcomes among participating children; and ``(B) using rigorous experimental designs and methodologies, particularly random assignment or other methods that are capable of producing scientifically valid information, to determine which activities are effective in reducing the prevalence or preventing the incidence of food insecurity and hunger in the community, especially among children. ``(h) Reporting.--Not later than December 31, 2011 and each December 31 thereafter until the date on which the last evaluation under subsection (g) of a project funded under this section is completed, the Secretary shall-- ``(1) submit to the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a description of-- ``(A) the status of each demonstration project carried out with funds under this section; and ``(B) the results of any evaluations of the demonstration projects completed during the previous fiscal year; and ``(2) ensure that the evaluation results are shared broadly to inform policy makers, service providers, other partners, and the public in order to promote the wide use of successful strategies. ``(i) Limitations.-- ``(1) Duration.--No project may be funded under this section for more than 5 years. ``(2) Number of project.--No State may receive funds under this section to carry out more than 1 project. ``(3) Performance basis.--Funds provided under this section shall be made available to a Governor of a State for each year of the grant or contract awarded to such State. The amount of funds provided for each year shall be contingent on the satisfactory implementation of the project plan submitted under subsection (f)(2) and progress towards the performance goals defined in the plan. ``(4) Altering nutrition assistance program requirements.-- ``(A) In general.--No project that makes use of, alters, or coordinates with the supplemental nutrition assistance program may be funded under this section unless the project is fully consistent with the project requirements described in section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)). ``(B) Requirements.--In determining whether a project is fully consistent with the requirements described in subparagraph (A) and therefore eligible to be funded under this section, the Secretary shall ensure that allowing the project to be funded under this section-- ``(i) would demonstrably advance the goal of ending childhood hunger, as positively determined by the Secretary; ``(ii) would preserve all existing entitlements to nutrition assistance benefits and services; ``(iii) would not restrict eligibility or reduce benefits for any individual; and ``(iv) would not result in a transfer of funding designated by law for a specific program authorized under this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the commodity supplemental food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86), the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.), or the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), to any other program. ``(5) Other benefits.--Funds made available under this section may not be used for any project in a manner that is inconsistent with-- ``(A) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(B) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or ``(C) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). ``(j) Definitions.--For purposes of this section: ``(1) Child.--The term `child' means a person under the age of 18. ``(2) Eligible entity.--The term `eligible entity' means a public or private not-for-profit agency or organization, as determined by the Secretary. ``(3) Governor of a state.--The term `Governor of a State' means-- ``(A) a Governor of a State; or ``(B) an eligible entity approved by a Governor of a State. ``(k) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 to carry out this section for fiscal years 2011 through 2015, to remain available until September 30, 2015.''.

Ending Childhood Hunger Challenge Act of 2010 - Amends the Richard B. Russell National School Lunch Act to authorize the Secretary of Agriculture to award funding competitively to states, through grants or contracts, to carry out comprehensive and innovative demonstration projects that promote the reduction or elimination of childhood hunger by 2015. Requires the Secretary, when determining the amount of funds to be provided to a state, to consider: (1) the proportion of children in the state eligible for free or reduced price meals under the Act; and (2) the rates of food insecurity, hunger, or poverty in the state. Includes among the demonstration projects eligible for funding those that: (1) enhance federal child nutrition program benefits or establish innovative models for the delivery of program benefits; (2) increase children's access to and participation in such programs; and (3) improve the coordination of federal, state, and community resources and services aimed at eliminating food insecurity and hunger. Requires each state that receives such funding to: (1) collaborate with key stakeholders in the state to develop a comprehensive agenda for eliminating childhood hunger that is approved by the Secretary; (2) set specific performance goals for reducing or eliminating childhood hunger; and (3) arrange for an independent evaluation of its project's effectiveness. Favors projects with a 25% nonfederal match in cash or in-kind contributions. Limits project funding to five years and states to no more than one funded project. Makes the amount of federal funding provided for a project each year contingent on its progress toward performance goals.

To amend the Richard B. Russell National School Lunch Act to direct the Secretary to competitively award grants to, or enter into cooperative agreements with, Governors of States to carry out comprehensive and innovative strategies to end childhood hunger, including establishing public-private partnerships and alternative models for service delivery that promote the reduction or elimination of childhood hunger by 2015.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dignity for Incarcerated Women Act of 2017'' or the ``Dignity Act''. SEC. 2. TREATMENT OF PRIMARY CARETAKER PARENTS AND OTHER INDIVIDUALS IN FEDERAL PRISONS. (a) In General.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4050. Treatment of primary caretaker parents and other individuals ``(a) Definitions.--In this section-- ``(1) the term `correctional officer' means a correctional officer of the Bureau of Prisons; ``(2) the term `Director' means the Director of the Bureau of Prisons; ``(3) the term `primary caretaker parent' has the meaning given the term in section 31903 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13882); and ``(4) the term `prisoner' means an individual who is incarcerated in a Federal penal or correctional institution. ``(b) Geographic Placement.-- ``(1) Establishment of office.--The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners. ``(2) Placement of prisoners.--In determining the placement of a prisoner, the office established under paragraph (1) shall-- ``(A) if the prisoner has children, place the prisoner as close to the children as possible; and ``(B) consider any other factor that the office determines appropriate. ``(c) Visitation Rules.--The Director shall promulgate regulations for visitation between prisoners who are primary caretaker parents and their family members under which-- ``(1) a prisoner may receive visits not fewer than 6 days per week, which shall include Saturday and Sunday; ``(2) a Federal penal or correctional institution shall be open for visitation for not fewer than 8 hours per day; ``(3) a prisoner may have up to 5 adult visitors and an unlimited number of child visitors per visit; and ``(4) a prisoner may have physical contact with visitors unless the prisoner presents an immediate physical danger to the visitors. ``(d) Placement in Segregated Housing Units; Prohibition on Shackling.-- ``(1) Placement in segregated housing units.-- ``(A) In general.--A Federal penal or correctional institution may not place a prisoner who is pregnant or in the first 8 weeks of postpartum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to others or herself. ``(B) Restrictions.--Any placement of a prisoner described in subparagraph (A) in a segregated housing unit shall be limited and temporary. ``(2) Prohibition on shackling.--A Federal penal or correctional institution may not use instruments of restraint, including handcuffs, chains, irons, straitjackets, or similar items, on a prisoner who is pregnant. ``(e) Parenting Classes.--The Director shall provide parenting classes to each prisoner who is a primary caretaker parent. ``(f) Trauma-Informed Care.-- ``(1) In general.--The Director shall provide trauma- informed care to each prisoner who is diagnosed with trauma. ``(2) Identification and referral.--The Director shall provide training to each correctional officer and each other employee of the Bureau of Prisons who regularly interacts with prisoners, including health care professionals and instructors, to enable the employees to identify prisoners with trauma and refer those prisoners to the proper healthcare professional for treatment. ``(g) Mentoring by Former Prisoners.--The Director shall promulgate regulations under which an individual who was formerly incarcerated in a Federal penal or correctional institution may access such an institution to-- ``(1) act as a mentor for prisoners; and ``(2) assist prisoners in reentry. ``(h) Ombudsman.--The Attorney General shall designate an ombudsman to oversee and monitor, with respect to Federal penal and correctional institutions-- ``(1) prisoner transportation; ``(2) use of segregated housing; ``(3) strip searches of prisoners; and ``(4) civil rights violations. ``(i) Telecommunications.-- ``(1) In general.--The Director-- ``(A) may not charge a fee for a telephone call made by a prisoner; and ``(B) shall make videoconferencing available to prisoners in each Federal penal or correctional institution free of charge. ``(2) Rule of construction.--Nothing in paragraph (1)(B) shall be construed to authorize the Director to use videoconferencing as a substitute for in-person visits. ``(j) Inmate Health.-- ``(1) Healthcare products.-- ``(A) Availability.--The Director shall make the healthcare products described in subparagraph (C) available to prisoners for free, in a quantity that is appropriate to the healthcare needs of each prisoner. ``(B) Quality of products.--The Director shall ensure that the healthcare products provided under this paragraph conform with applicable industry standards. ``(C) Products.--The healthcare products described in this subparagraph are-- ``(i) tampons; ``(ii) sanitary napkins; ``(iii) moisturizing soap, which may not be lye-based; ``(iv) shampoo; ``(v) body lotion; ``(vi) Vaseline; ``(vii) toothpaste; ``(viii) toothbrushes; ``(ix) aspirin; ``(x) ibuprofen; and ``(xi) any other healthcare product that the Director determines appropriate. ``(2) Gynecologist access.--The Director shall ensure that female prisoners have access to a gynecologist. ``(k) Use of Sex-Appropriate Correctional Officers.-- ``(1) Regulations.--The Director shall promulgate regulations under which-- ``(A) a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless-- ``(i) the prisoner presents a risk of immediate harm to herself or himself or others; and ``(ii) no other correctional officer of the same sex as the prisoner is available to assist; and ``(B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless-- ``(i)(I) a prisoner in the restroom presents a risk of immediate harm to herself or himself or others; or ``(II) there is a medical emergency in the restroom; and ``(ii) no other correctional officer of the appropriate sex is available to assist. ``(2) Relation to other laws.--Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).''. (b) Substance Abuse Treatment.--Section 3621(e) of title 18, United States Code, is amended by adding at the end the following: ``(7) Eligibility of primary caretaker parents and pregnant women.--The Bureau of Prisons may not prohibit a prisoner who is a primary caretaker parent (as defined in section 4050) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) based on the failure of the individual, before being committed to the custody of the Bureau, to disclose to any official that the individual had a substance abuse problem.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4050. Treatment of primary caretaker parents and other individuals.''. SEC. 3. OVERNIGHT VISIT PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Bureau of Prisons; (2) the term ``primary caretaker parent'' has the meaning given the term in section 31903 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13882); and (3) the term ``prisoner'' means an individual who is incarcerated in a Federal penal or correctional institution. (b) Pilot Program.--The Director shall carry out a pilot program under which prisoners who are primary caretaker parents and meet eligibility criteria established by the Director may receive overnight visits from family members. (c) Eligibility Criteria.--In establishing eligibility criteria for the pilot program under subsection (b), the Director shall-- (1) require that a prisoner have displayed good behavior; and (2) prohibit participation by any prisoner who has been convicted of a crime of violence (as defined in section 16 of title 18, United States Code).

Dignity for Incarcerated Women Act of 2017 or the Dignity Act This bill amends the federal criminal code to establish requirements for the treatment of prisoners. It directs the Bureau of Prisons (BOP) to place prisoners as close to their children as possible, provide videoconferencing free of charge, provide trauma-informed care to prisoners diagnosed with trauma, and make specified health products (e.g., tampons) available free of charge. Additionally, with respect to prisoners who are primary caretaker parents, the BOP must provide parenting classes, allow visitation from family members, and establish a pilot program to allow overnight visits from family members. Finally, the bill allows a prisoner who is pregnant or a primary caretaker parent to participate in a residential substance abuse treatment program, even if the individual failed to disclose a substance abuse problem.

Dignity for Incarcerated Women Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborns' and Mothers' Health Protection and Mental Health Parity Implementation Amendments of 1996''. SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 TO IMPLEMENT THE NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT OF 1996 AND THE MENTAL HEALTH PARITY ACT OF 1996. (a) In General.--Subtitle K of the Internal Revenue Code of 1986 (as added by section 401(a) of the Health Insurance Portability and Accountability Act of 1996) is amended-- (1) by striking all that precedes section 9801 and inserting the following: ``Subtitle K--Group Health Plan Requirements ``Chapter 100. Group health plan requirements. ``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS ``Subchapter A. Requirements relating to portability, access, and renewability. ``Subchapter B. Other requirements. ``Subchapter C. General provisions. ``Subchapter A--Requirements Relating to Portability, Access, and Renewability ``Sec. 9801. Increased portability through limitation on preexisting condition exclusions. ``Sec. 9802. Prohibiting discrimination against individual participants and beneficiaries based on health status. ``Sec. 9803. Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements.'', (2) by redesignating sections 9804, 9805, and 9806 as sections 9831, 9832, and 9833, respectively, (3) by inserting before section 9831 (as so redesignated) the following: ``Subchapter C--General Provisions ``Sec. 9831. General exceptions. ``Sec. 9832. Definitions. ``Sec. 9833. Regulations.'', and (4) by inserting after section 9803 the following: ``Subchapter B--Other Requirements ``Sec. 9811. Standards relating to benefits for mothers and newborns. ``Sec. 9812. Parity in the application of certain limits to mental health benefits. ``SEC. 9811. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND NEWBORNS. ``(a) Requirements for Minimum Hospital Stay Following Birth.-- ``(1) In general.--A group health plan may not-- ``(A) except as provided in paragraph (2)-- ``(i) restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child, following a normal vaginal delivery, to less than 48 hours, or ``(ii) restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child, following a cesarean section, to less than 96 hours; or ``(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). ``(2) Exception.--Paragraph (1)(A) shall not apply in connection with any group health plan in any case in which the decision to discharge the mother or her newborn child prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the mother. ``(b) Prohibitions.--A group health plan may not-- ``(1) deny to the mother or her newborn child eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to mothers to encourage such mothers to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(5) subject to subsection (c)(3), restrict benefits for any portion of a period within a hospital length of stay required under subsection (a) in a manner which is less favorable than the benefits provided for any preceding portion of such stay. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a mother who is a participant or beneficiary-- ``(A) to give birth in a hospital; or ``(B) to stay in the hospital for a fixed period of time following the birth of her child. ``(2) This section shall not apply with respect to any group health plan which does not provide benefits for hospital lengths of stay in connection with childbirth for a mother or her newborn child. ``(3) Nothing in this section shall be construed as preventing a group health plan from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for hospital lengths of stay in connection with childbirth for a mother or newborn child under the plan, except that such coinsurance or other cost-sharing for any portion of a period within a hospital length of stay required under subsection (a) may not be greater than such coinsurance or cost-sharing for any preceding portion of such stay. ``(d) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (including a decision, rule, regulation, or other State action having the effect of law) for a State that regulates such coverage that is described in any of the following paragraphs: ``(1) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a normal vaginal delivery and at least a 96-hour hospital length of stay following a cesarean section. ``(2) Such State law requires such coverage to provide for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, or other established professional medical associations. ``(3) Such State law requires, in connection with such coverage for maternity care, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the mother. ``SEC. 9812. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS. ``(a) In General.-- ``(1) Aggregate lifetime limits.--In the case of a group health plan that provides both medical and surgical benefits and mental health benefits-- ``(A) No lifetime limit.--If the plan does not include an aggregate lifetime limit on substantially all medical and surgical benefits, the plan or coverage may not impose any aggregate lifetime limit on mental health benefits. ``(B) Lifetime limit.--If the plan includes an aggregate lifetime limit on substantially all medical and surgical benefits (in this paragraph referred to as the `applicable lifetime limit'), the plan shall either-- ``(i) apply the applicable lifetime limit both to the medical and surgical benefits to which it otherwise would apply and to mental health benefits and not distinguish in the application of such limit between such medical and surgical benefits and mental health benefits; or ``(ii) not include any aggregate lifetime limit on mental health benefits that is less than the applicable lifetime limit. ``(C) Rule in case of different limits.--In the case of a plan that is not described in subparagraph (A) or (B) and that includes no or different aggregate lifetime limits on different categories of medical and surgical benefits, the Secretary shall establish rules under which subparagraph (B) is applied to such plan with respect to mental health benefits by substituting for the applicable lifetime limit an average aggregate lifetime limit that is computed taking into account the weighted average of the aggregate lifetime limits applicable to such categories. ``(2) Annual limits.--In the case of a group health plan that provides both medical and surgical benefits and mental health benefits-- ``(A) No annual limit.--If the plan does not include an annual limit on substantially all medical and surgical benefits, the plan or coverage may not impose any annual limit on mental health benefits. ``(B) Annual limit.--If the plan includes an annual limit on substantially all medical and surgical benefits (in this paragraph referred to as the `applicable annual limit'), the plan shall either-- ``(i) apply the applicable annual limit both to medical and surgical benefits to which it otherwise would apply and to mental health benefits and not distinguish in the application of such limit between such medical and surgical benefits and mental health benefits; or ``(ii) not include any annual limit on mental health benefits that is less than the applicable annual limit. ``(C) Rule in case of different limits.--In the case of a plan that is not described in subparagraph (A) or (B) and that includes no or different annual limits on different categories of medical and surgical benefits, the Secretary shall establish rules under which subparagraph (B) is applied to such plan with respect to mental health benefits by substituting for the applicable annual limit an average annual limit that is computed taking into account the weighted average of the annual limits applicable to such categories. ``(b) Construction.--Nothing in this section shall be construed-- ``(1) as requiring a group health plan to provide any mental health benefits; or ``(2) in the case of a group health plan that provides mental health benefits, as affecting the terms and conditions (including cost sharing, limits on numbers of visits or days of coverage, and requirements relating to medical necessity) relating to the amount, duration, or scope of mental health benefits under the plan, except as specifically provided in subsection (a) (in regard to parity in the imposition of aggregate lifetime limits and annual limits for mental health benefits). ``(c) Exemptions.-- ``(1) Small employer exemption.--This section shall not apply to any group health plan for any plan year of a small employer (as defined in section 4980D(d)(2)). ``(2) Increased cost exemption.--This section shall not apply with respect to a group health plan if the application of this section to such plan results in an increase in the cost under the plan of at least 1 percent. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) Definitions.--For purposes of this section: ``(1) Aggregate lifetime limit.--The term `aggregate lifetime limit' means, with respect to benefits under a group health plan, a dollar limitation on the total amount that may be paid with respect to such benefits under the plan with respect to an individual or other coverage unit. ``(2) Annual limit.--The term `annual limit' means, with respect to benefits under a group health plan, a dollar limitation on the total amount of benefits that may be paid with respect to such benefits in a 12-month period under the plan with respect to an individual or other coverage unit. ``(3) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan, but does not include mental health benefits. ``(4) Mental health benefits.--The term `mental health benefits' means benefits with respect to mental health services, as defined under the terms of the plan, but does not include benefits with respect to treatment of substance abuse or chemical dependency. ``(f) Sunset.--This section shall not apply to benefits for services furnished on or after September 30, 2001.'' (b) Conforming Amendments.-- (1) Chapter 100 of such Code (as added by section 401 of the Health Insurance Portability and Accountability Act of 1996 and as previously amended by this section) is further amended-- (A) in the last sentence of section 9801(c)(1), by striking ``section 9805(c)'' and inserting ``section 9832(c)''; (B) in section 9831(b), by striking ``9805(c)(1)'' and inserting ``9832(c)(1)''; (C) in section 9831(c)(1), by striking ``9805(c)(2)'' and inserting ``9832(c)(2)''; (D) in section 9831(c)(2), by striking ``9805(c)(3)'' and inserting ``9832(c)(3)''; and (E) in section 9831(c)(3), by striking ``9805(c)(4)'' and inserting ``9832(c)(4)''. (2) Section 4980D of such Code (as added by section 402 of the Health Insurance Portability and Accountability Act of 1996) is amended-- (A) in subsection (c)(3)(B)(i)(I), by striking ``9805(d)(3)'' and inserting ``9832(d)(3)''; (B) in subsection (d)(1), by inserting ``(other than a failure attributable to section 9811)'' after ``on any failure''; (C) in subsection (d)(3), by striking ``9805'' and inserting ``9832''; (D) in subsection (f)(1), by striking ``9805(a)'' and inserting ``9832(a)''. (3) The table of subtitles for such Code is amended by striking the item relating to subtitle K (as added by section 401(b) of the Health Insurance Portability and Accountability Act of 1996) and inserting the following new item: ``Subtitle K. Group health plan requirements.'' (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.

Newborns' and Mothers' Health Protection and Mental Health Parity Implementation Amendments of 1996 - Amends the Internal Revenue Code (as amended by the Health Insurance Portability and Accountability Act of 1996) with respect to group health plan requirements to: (1) provide standards for benefits to mothers and newborns; and (2) provide for parity of specified mental health benefits with surgical and medical benefits.

Newborns' and Mothers' Health Protection and Mental Health Parity Implementation Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Accounting Act of 2007''. SEC. 2. PREPARATION OF NET PRESENT VALUE CALCULATION OF MAJOR FISCAL EXPOSURES OF THE FEDERAL GOVERNMENT. (a) In General.--Section 331(e) of title 31, United States Code, is amended by adding at the end the following: ``(3) Net present value calculation and other calculations.-- ``(A) Matters covered.--The financial statement shall include a calculation under policies in effect during the fiscal year covered by the statement of the net present value of the overall fiscal exposures of the United States Government. The calculation shall include-- ``(i) the outstanding debt held by the public; ``(ii) calculations of the net present value of commitments and receipts of the Federal Old-Age and Survivors Insurance (OASI) Trust Fund, the Federal Disability Insurance (DI) Trust Fund, the Federal Hospital Insurance (HI) Trust Fund, and the Federal Supplementary Medical Insurance (SMI) Trust Fund using the most recent available long-term, intermediate projections by the Trustees of such Trust Funds of revenues, expenditures, and discount factors, as represented in such annual reports; ``(iii) calculations of the net present value of commitments and receipts of the Railroad Retirement and Black Lung (part C) programs; ``(iv) calculations of the net present value of commitments and receipts of the Federal retirement and health insurance systems, both civil and military. ``(B) Time horizon.--(i) For each calculation under subparagraph (A), calculations shall be provided for-- ``(I) a 75-year horizon; and ``(II) an indefinite time horizon. ``(ii) For the 75-year horizon under clause (i)(I), each calculation shall take each year's projected expenditures minus revenues, divide this difference by the projected discount factor for that year, and add the resulting 75 annual discounted flows to obtain the program's net present value imbalance. The long-term discount and growth rates used in these calculations shall be discussed in the financial statement and shall be consistent with those used by the Department of Treasury and other Government agencies with regard to other long-term financial calculations. For purposes of the calculations in clauses (ii), (iii), and (iv) of subparagraph (A), revenues shall include payroll taxes as allocated by law to the respective Trust Funds (currently the case for OASI, DI, and HI), participant premiums and State transfer income (for SMI), general revenue receipts from the taxation of benefits, as currently allocated by law to the OASI, DI, and HI Trust Funds, and funding for the Federal retirement and health insurance systems, both civil and military. For purposes of this calculation, revenues shall not include interest income on Trust Fund and transfers of general revenue to SMI, Social Security, or Medicare. ``(iii) For the indefinite time horizon under clause (i)(II), the calculations shall follow the procedures provided in clause (ii), but shall be based on extended projections for a number of years sufficiently beyond 75 years that would result in the present value sum increasing by less than 0.05 percent if an additional year were added to the projection. ``(C) Generational imbalance calculation.--The financial statement shall include a program-by-program calculation under policies in effect during the fiscal year covered by the statement of the net present value of benefits and projected benefits to current participants of the programs described in clauses (ii), (iii), and (iv) of subparagraph (A), including the present value of projected benefits to current participants, less the present value of projected contributions and earmarked taxes paid by, or on behalf of, current participants less the current trust fund balances. ``(D) Fiscal imbalance calculation.--The financial statement shall include a program-by-program calculation under policies in effect during the fiscal year covered by the statement of the net present value of benefits and projected benefits to current and future participants of the programs described in clauses (ii), (iii), and (iv) of subparagraph (A), including the present value of projected benefits to current and future participants over the indefinite horizon, less the present value of projected contributions and earmarked taxes paid by, or on behalf of, current and future participants over the indefinite horizon, less the current trust fund balances. ``(E) Presentation of public debt.--The financial statement shall include the total amount of outstanding public debt (included in the statement pursuant to subparagraph (A)(i)), plus the total amount of fiscal imbalance calculations (included in the statement pursuant to subparagraph (D)), set forth separately by amount of debt per person, per fulltime worker, and per household. ``(F) Methods used.--The financial statement shall include the assumptions and details of the methods used in making the calculations required under subparagraph (A). It shall separately identify and provide a detailed description of the methods and assumptions used in making projections of tax revenues, premiums, other receipts from all sources, including inter-fund transfers and interest income on securities held in trust funds, benefit outlays distinguished by the type of benefit, and administrative expenses. The financial statement shall also provide details regarding demographic assumptions (such as fertility, mortality, immigration, and labor-force participation rates), dependency ratios, and economic assumptions (such as trust fund interest rates, discount rates, revenue and benefit growth rates, health-care expenditure growth rates, productivity growth rates, and inflation rates). The information should include a description of all other intermediate steps and variables used and projected in making the calculations.''. (b) Requirement for President to Use Financial Statement in Preparing Budget.-- (1) Requirement.--In preparing the budget for the United States Government for submission under section 1105 of title 31, United States Code, the President shall take into consideration the financial statement prepared by the Secretary of the Treasury under section 331(e) of such title, including the effect of the overall budget on the generational imbalance calculation and the fiscal imbalance calculation required under subparagraphs (C) and (D), respectively, of such section, and the effect of the overall budget on the net present value of the overall fiscal exposures of the United States Government. (2) Inclusion of statement in budget.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(36) A statement describing how the financial statement prepared by the Secretary of the Treasury under section 331(e) of this title was considered in preparing the budget, as required by section 2(b) of the Truth in Accounting Act of 2007, including a statement of the effect of the overall budget on the generational imbalance calculation and the fiscal imbalance calculation required under subparagraphs (C) and (D), respectively, of such section, and the effect of the overall budget on the net present value of the overall fiscal exposures of the United States Government.''. (c) Secretary of Treasury Testimony on Financial Statement.-- Section 331(e) of title 31, United States Code, is further amended by adding at the end the following new paragraph: ``(4) The Secretary of the Treasury shall testify each year before Congress on the financial statement for the preceding fiscal year required by this section, including the generational imbalance calculation and fiscal imbalance calculation required under subparagraphs (C) and (D), respectively, of paragraph (3).''. (d) Comptroller General Report on Financial Condition of Government.--Section 331(e) of title 31, United States Code, is further amended by adding at the end the following new paragraph: ``(5) The Comptroller General shall testify each year before Congress upon request. Not later than January 30 of each year, the Comptroller General of the United States shall submit to Congress a report containing an assessment of the financial condition of the United States Government. The report shall include-- ``(A) an assessment of the generational imbalance calculation and fiscal imbalance calculation required under paragraph (3); ``(B) a statement of whether the President met the requirements of section 2(b) of the Truth in Accounting Act of 2007; ``(C) the results of the most recent long-term fiscal model simulation of the Government Accountability Office; and ``(D) such other fiscal matters the Comptroller General determines to be significant.''. (e) Effective Date.--The information required under paragraph (3) of section 331(e) of title 31, United States Code, as added by subsection (a), shall be included in the first financial statement required under that section after the date of the enactment of this Act.

Truth in Accounting Act of 2007 - Requires the Secretary of the Treasury to include in the audited financial statement of executive branch accounts of the previous year a calculation of the net present value of the overall fiscal exposures of the U.S. government. Requires such financial statement to include a program-by-program calculation of: (1) the generational imbalance; (2) the fiscal imbalance; and (3) the total amount of the fiscal imbalance plus the public debt. Instructs the President, in preparing the federal budget, to take this financial statement into consideration, including the effect of the overall budget upon: (1) the generational imbalance calculation and the fiscal imbalance calculation; and (2) the net present value of the overall fiscal exposures of the federal government. Directs the Secretary to testify each year before Congress on the financial statement for the preceding fiscal year. Directs the Comptroller General to: (1) assess the financial condition of the U.S. government in an annual report to Congress; and (2) testify before Congress on that condition, upon request.

To amend title 31, United States Code, to require certain additional calculations to be included in the annual financial statement submitted under section 331(e) of that title, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Accountability and Institutional Reform in Education Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Federal Government is reducing spending in all areas, including postsecondary education; (2) reductions in postsecondary education spending fall on students, schools, State loan guaranty agencies and lenders; (3) the administration of postsecondary education is the responsibility of the Department of Education; and (4) reforms should be made to postsecondary education programs to provide greater accountability from the Department, educational institutions, lenders, and guarantee agencies and to enhance institutional compliance with Department policies. SEC. 3. STUDENT LOAN COHORT DEFAULT MANAGEMENT REFORMS. (a) Administrative and Fiscal Procedures.--Section 428(c)(2)(A) of the Higher Education Act of 1965 is amended by striking ``proof that reasonable attempts were made'' and inserting ``proof that the institution was contacted and other reasonable attempts were made'' (b) Reimbursement.--Section 428(c)(2)(G) of the Higher Education Act of 1965 is amended by striking ``certifies to the Secretary that diligent attempts have been made'' and inserting ``demonstrates to the Secretary that diligent attempts, including direct contact with the institution have been made.''. (c) Limitation.--Section 428 of the Higher Education Act of 1965 is amended by adding at the end the following: ``(o) Limitation.--Notwithstanding any other provision of this section, the Secretary shall not reimburse or permit any eligible lender, servicer, or guaranty agency (or its affiliates) who previously filed a claim for reimbursement on a loan to retain any proceeds from rehabilitation of a defaulted loan to the extent that such funds, when added to the amount of prior reimbursement under this section, exceed 100 percent of the original principal of the loan.''. (d) Notice to Secretary and Payment of Loss.--Section 430(a) of the Higher Education Act of 1965 is amended-- (1) by inserting ``all'' after ``required to meet''; and (2) by inserting ``the institution was contacted and other'' after ``submit proof that''. (e) Annual Report.--Section 430 of the Higher Education Act of 1965 is amended by adding at the end the following: ``(f) Annual Report.--The Secretary shall report annually to Congress that lenders, servicers and guaranty agencies have attested to their compliance with servicing and due diligence requirements, under both statute and regulation. The Secretary shall also provide information on the successful practices of low-default lenders, servicers and guaranty agencies to other financial, servicing and guaranty institutions participating in this title to encourage duplication of successful servicing and collection programs.''. (f) Circumstances.--Section 435(a)(2) of the Higher Education Act of 1965 is amended by adding at the end the following: ``(D) The circumstances referred to in subparagraph (A)(ii) shall be uniformly applied to all eligible institutions and shall require that such an institution meet the following criteria: ``(i) Not less than 50 percent of the students enrolled in eligible programs qualify for an award under subpart 1 of part A of title IV. ``(ii) The institution's student completion rate, as calculated under the Student Right to Know provisions of this title, is 60 percent or greater. ``(iii) The initial job placement rate of program graduates is 60 percent or greater.''. (g) Cohort Default Rate.--Section 435(m)(1)(B) of the Higher Education Act of 1965 is amended by striking ``paid claims'' and inserting ``properly paid claims as required in section 430 of this Act''. SEC. 4. ELIGIBLE INSTITUTION REFORM. Section 481 (b) of the Higher Education Act of 1965 is amended-- (1) by inserting before the period at the end of the first sentence the following: ``on the basis of a review by the institution's independent auditor using generally accepted accounting principles''; and (2) by inserting before the second sentence the following: ``For the purposes of paragraph (6), revenues from sources that are not derived from funds under this title include revenues from programs of education or training that do not meet the definition of an eligible program in subsection (e), but are provided on a contractual basis under Federal, State or local training programs, to business and industry, or to other eligible applicants. For the purposes of determining whether an institution meets the requirements of paragraph (6), the Secretary shall not consider the financial information of any institution for a fiscal year that began on or before April 30, 1994.''. SEC. 5. ACCOUNTING PROCEDURES FOR INSTITUTIONAL PROGRAM PARTICIPATION. Section 498(c) of the Higher Education Act of 1965 is amended by inserting ``, based on an audited financial statement using any generally accepted accounting principles'' after ``is able''.

Federal Accountability and Institutional Reform in Education Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to revise the accountability provisions and reform certain programs of such Act. (Sec. 3) Revises provisions for student loan cohort default management. Requires proof that the institution was contacted, under certain administrative and fiscal procedures. Requires, under certain reimbursement provisions, a demonstration (rather than a certification) to the Secretary of Education that diligent attempts, including direct contact with the institution, have been made. Prohibits the Secretary from reimbursing or permitting any eligible lender, servicer, or guaranty agency (or its affiliates) who previously filed a claim for reimbursement on a loan to retain any proceeds from rehabilitation of a defaulted loan to the extent that such funds, when added to the amount of prior reimbursement, exceed the whole amount of the original principal of the loan. Revises provisions relating to notice to the Secretary, payment of loss, and cohort default rate. Directs the Secretary to: (1) report annually to the Congress that lenders, servicers and guaranty agencies have attested to their compliance with servicing and due diligence requirements; and (2) provide information on the successful practices of low-default lenders, servicers, and guaranty agencies to other financial, servicing, and guaranty institutions participating in HEA student aid programs, to encourage duplication of successful servicing and collection programs. Requires that certain mitigating circumstances, which allow an institution to continue in the student loan insurance program despite its having a high default rate, be uniformly applied to all eligible institutions, requiring that they meet the following criteria: (1) at least 50 percent of the students enrolled in eligible programs qualify for a Pell grant; (2) an institution's student completion rate is 60 percent or greater; and (3) the initial job placement rate of program graduates is 60 percent or greater. (Sec. 4) Revises the definition of proprietary institution of higher education, for purposes of eligibility for HEA student aid programs. Requires, for purposes of the requirement that such an institution have at least 15 percent of its revenues from sources that are not derived from funds provided under HEA student aid programs, a review by the institution's independent auditor using generally accepted accounting principles. Requires further that revenues from sources that are not derived from HEA student aid program funds include revenues from programs of education or training that do not meet the definition of an eligible program, but are provided on a contractual basis under Federal, State, or local training programs, to business and industry, or to other eligible applicants. Prohibits the Secretary from considering the financial information of any institution for a fiscal year that began on or before April 30, 1994. (Sec. 5) Revises accounting procedures for institutional program participation to require that specified information be based on an audited financial statement using any generally accepted accounting principles.

Federal Accountability and Institutional Reform in Education Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmentally Advanced Technologies Research and Development Act''. SECTION 2. FINANCIAL ASSISTANCE FOR TECHNOLOGY ADAPTATION TO PROMOTE EXPORTS. (a) Establishment.--There is established a revolving fund to be known as the Environmental Technology Export Revolving Fund for the purpose of providing financial assistance for the adaptation and demonstration of United States environmental technologies to enhance exports to major international markets. (b) Forms of Financial Assistance.--To carry out this section, the Secretary of Commerce may, to the extent provided in appropriations Acts, use the Fund for the purpose of making loans, loan guarantees, or other forms of financial assistance to United States companies, independent research centers, institutions of higher education, and other organizations the Secretary considers appropriate. (c) Priorities.--In providing financial assistance under this section, the Secretary of Commerce shall give priority to environmental technologies-- (1) that require modifications through further research and development to enable commercialization in international markets; (2) that have substantial potential for use in export markets; and (3) for which substantial manufacture will remain in the United States. (d) Operating Plan.--Not later than January 1, 1995, the Secretary of Commerce shall submit to the Congress an operating plan to carry out this section. The plan shall contain a description of coordination efforts with other sources of export finance assistance, including the Agency for International Development and the Overseas Private Investment Corporation, and an evaluation of alternative approaches to carrying out this section (including priorities referred to in subsection (c)). The Secretary shall develop recommendations, as appropriate, to carry out this section in the most effective and efficient manner achievable. The recommendations shall include a description of the system of evaluation used under this subsection. (e) Terms and Conditions for Financial Assistance.-- (1) Limitation on project amount.--Loans, loan guarantees, and other forms of financial assistance made under this section shall be in such form and under such terms and conditions as the Secretary of Commerce may prescribe by regulation. The amount of assistance provided under this section for a project may not exceed 50 percent of the total eligible project costs. The term ``total eligible project costs'' shall be defined by the Secretary of Commerce by regulation. (2) Limitation on total cost.--Financial assistance under this section shall be made under such terms and conditions as are necessary to ensure that the cost of carrying out this section shall not exceed 15 percent of the corresponding credit authority to carry out this section. For purposes of this paragraph-- (A) the term ``cost'' has the meaning given such term in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and (B) the term ``credit authority'' has the meaning given such term in section 3(10) of the Congressional Budget Act of 1974 (2 U.S.C. 622(10)). (f) Repayment.--Repayment on loans made under this section and the proceeds from any other agreement entered into by the Secretary of Commerce under this section shall be credited to the Fund. A loan or loan guarantee agreement under this section may, at the discretion of the Secretary of Commerce, include a requirement-- (1) that a portion of any royalties received in connection with a technology developed with financial assistance under this section be paid to the United States; and (2) in any case in which the technology is used by the recipient of such financial assistance for the production and sale of goods, that a payment equal to the amount paid under paragraph (1) in connection with the technology be paid to the United States. (g) Interest.--Interest on a loan, or portion of a loan, awarded or guaranteed by the Federal Government under this section shall be at a rate determined by the Secretary of the Treasury, at the time such loan is made, to equal the then current average market yield on outstanding debt obligations of the United States with remaining periods to maturity comparable to the maturity of such loan, plus an additional charge of up to 1 percent applied by the Secretary of Commerce to cover expected defaults and reasonable administrative costs of carrying out this section. For purposes of this section, the term ``default'' shall be defined by the Secretary of Commerce by regulation. (h) Management of the Fund.--The Secretary of Commerce shall manage the Fund and shall annually submit to the Congress a report on the financial condition and the results of operation of the Fund during the preceding fiscal year. (i) Technical Assistance.--The Secretary of Commerce shall, upon request, provide technical assistance and services, as appropriate and needed, to awardees under this section and shall ensure that awardees have ready access to such assistance. The Secretary may charge fees for technical assistance and services. The Secretary may waive such fees on a case-by-case basis. Fees paid to the United States under this section shall be deposited in the revolving fund. (j) Coordination With Other Federal Activities.--The Secretary of Commerce shall, to the maximum extent practicable, coordinate the activities under this section with similar Federal activities to avoid unnecessary duplication of effort. (k) Outreach to Economically Depressed Areas.--The Secretary of Commerce shall seek to ensure that qualified business concerns located in areas determined by the Secretary to have a depressed economy, or a significant concentration of defense-related industries, or chronically high unemployment, are notified of the availability of financial assistance under this section and, to the extent practicable, to encourage and facilitate the participation of such qualified business concerns in activities for which financial assistance in provided under this section.

Environmentally Advanced Technologies Research and Development Act - Establishes the Environmental Technology Export Revolving Fund to provide financial assistance for the adaptation and demonstration of U.S. environmental technologies to enhance exports to major international markets.

Environmentally Advanced Technologies Research and Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Health Parity Act of 2009''. SEC. 2. MEDICAID PAYMENT PARITY FOR THE TERRITORIES. (a) Elimination of Funding Limitations for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.-- (1) In general.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended-- (A) in subsection (f), in the matter before paragraph (1), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; (B) in subsection (g)(2), in the matter before subparagraph (A), by inserting ``and subsection (h)'' after ``paragraph (3)''; and (C) by adding at the end the following new subsection: ``(h) Sunset of Funding Limitations for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.-- Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for any fiscal year after fiscal year 2009.''. (2) Conforming amendment.--Section 1903(u) of such Act (42 U.S.C. 1396c(u)) is amended by striking paragraph (4). (3) Effective date.--The amendments made by this subsection shall apply beginning with fiscal year 2010. (b) Parity in FMAP.-- (1) In general.--Section 1905(b)(2) of such Act (42 U.S.C. 1396d(b)(2)) is amended by inserting after ``50 per centum'' the following: ``(except that, beginning with fiscal year 2012, the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be the Federal medical assistance percentage determined by the Secretary in consultation (for the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa) with the Secretary of the Interior)''. (2) 2-fiscal-year transition.--Notwithstanding any other provision of law, during fiscal years 2010 and 2011, the Federal medical assistance percentage established under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be the highest such Federal medical assistance percentage applicable to any of the 50 States or the District of Columbia for the fiscal year involved, taking into account the application of subsections (a) and (b)(1) of 5001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) to such States and District for calendar quarters during such fiscal years for which such subsections apply respectively. (3) Per capita income data.-- (A) Report to congress.--Not later than October 1, 2010, the Secretary of Health and Human Services shall submit to Congress a report that describes the per capita income data used to promulgate the Federal medical assistance percentage in the territories and how such data differ from the per capita income data used to promulgate Federal medical assistance percentages for the 50 States and the District of Columbia. The report should include recommendations on how the Federal medical assistance percentages can be calculated for the territories to ensure parity with the 50 States and the District of Columbia. (B) Application.--Section 1101(a)(8)(B) of the Social Security Act (42 U.S.C. 1308(a)(8)(B)) is amended-- (i) by striking ``(other than Puerto Rico, the Virgin Islands, and Guam)'' and inserting ``(including Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa)''; and (ii) by inserting ``(or, if such satisfactory data are not available in the case of the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, satisfactory data available from the Department of the Interior for the same period, or if such satisfactory data are not available in the case of Puerto Rico, satisfactory data available from the Government of the Commonwealth of Puerto Rico for the same period)'' after ``Department of Commerce''. (4) Relation to american recovery and reinvestment act of 2009.--For any period and territory in which the provisions of this subsection apply to a territory, the provisions of section 5001(b)(2) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply (except as otherwise specifically provided in paragraph (2)). SEC. 3. CLARIFICATION OF MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED STATES. (a) In General.--Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following: ``(G) Medicaid exception for citizens of freely associated states.--With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the Medicaid program), paragraph (1) shall not apply to any individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.''. (b) Conforming Definition of Qualified Alien.--Section 431(b) of such Act (8 U.S.C. 1641(b)) is amended-- (1) in paragraph (6), by striking ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) an individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with a Compact of Free Association referred to in section 402(b)(2)(G), but only with respect to the program defined in section 402(b)(3)(C) (relating to the Medicaid program).''. (c) Setting FMAP at 100 Percent.--The third sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at the end the following: ``and as medical assistance for individuals described in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996''. (d) Effective Date.--The amendments made by this Act take effect on October 1, 2009, Act and apply to benefits and assistance provided on or after that date.

Territorial Health Parity Act of 2009 - Amends title XI of the Social Security Act (SSA) to sunset at the end of FY2009 the limitation on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Amends SSA title XIX (Medicaid) to: (1) repeal, as of the end of FY2011, the federal medical assistance percentage (FMAP) of 50% that applies to such territories; and (2) set the new FMAP for such territories at one determined by the Secretary of Health and Human Services (Secretary) in consultation with the Secretary of the Interior. Specifies a transitional FMAP for such territories for FY2010-FY2011. Requires the Secretary to report to Congress on the per capita income data used to promulgate the FMAP in the territories and how such data differ from the per capita income data used to promulgate FMAPs for the 50 states and the District of Columbia. Requires the report to include recommendations on how FMAPs can be calculated for the territories to ensure parity with the 50 states and the District of Columbia. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the Medicaid program to the citizens of the Freely Associated States (Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau). Amends SSA title XIX to set a 100% FMAP for otherwise qualified services rendered to such citizens.

To amend the Social Security Act to provide for payment parity for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under the Medicaid Program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Parks Capital Improvements Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Fundraising organization. Sec. 4. Memorandum of agreement. Sec. 5. National park surcharge or set-aside. Sec. 6. Use of bond proceeds. Sec. 7. Administration. SEC. 2. DEFINITIONS. In this Act: (1) Fundraising organization.--The term ``fundraising organization'' means an entity authorized to act as a fundraising organization under section 3(a). (2) Memorandum of agreement.--The term ``memorandum of agreement'' means a memorandum of agreement entered into by the Secretary under section 3(a) that contains the terms specified in section 4. (3) National park foundation.--The term ``National Park Foundation'' means the foundation established under Public Law 90-209 (16 U.S.C. 19e et seq.). (4) National park.--The term ``national park'' means-- (A) the Grand Canyon National Park; and (B) any other unit of the National Park System designated by the Secretary that has an approved general management plan with capital needs in excess of $5,000,000. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FUNDRAISING ORGANIZATION. (a) In General.--The Secretary may enter into a memorandum of agreement under section 4 with an entity to act as an authorized fundraising organization for the benefit of a national park. (b) Bonds.--The fundraising organization for a national park shall issue taxable bonds in return for the surcharge or set-aside for that national park collected under section 5. (c) Professional Standards.--The fundraising organization shall abide by all relevant professional standards regarding the issuance of securities and shall comply with all applicable Federal and State law. (d) Audit.--The fundraising organization shall be subject to an audit by the Secretary. (e) No Liability for Bonds.-- (1) In general.--The United States shall not be liable for the security of any bonds issued by the fundraising organization. (2) Exception.--If the surcharge or set-aside described in section 5(a) for a national park is not imposed for any reason, or if the surcharge or set-aside is reduced or eliminated, the full faith and credit of the United States is pledged to the payment of-- (A) the bonds issued by a fundraising organization under subsection (b) for that national park; and (B) the interest accruing on the bonds. SEC. 4. MEMORANDUM OF AGREEMENT. The fundraising organization shall enter into a memorandum of agreement that specifies-- (1) the amount of the bond issue; (2) the maturity of the bonds, not to exceed 20 years; (3) the per capita amount required to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; (4) the project or projects at the national park that will be funded with the bond proceeds and the specific responsibilities of the Secretary and the fundraising organization with respect to each project; and (5) procedures for modifications of the agreement with the consent of both parties based on changes in circumstances, including modifications relating to project priorities. SEC. 5. NATIONAL PARK SURCHARGE OR SET-ASIDE. (a) In General.--Notwithstanding any other provision of law, the Secretary may authorize the superintendent of a national park for which a memorandum of agreement is in effect-- (1) to charge and collect a surcharge in an amount not to exceed $2 for each individual otherwise subject to an entrance fee for admission to the national park; or (2) to set aside not more than $2 for each individual charged the entrance fee. (b) Surcharge in Addition to Entrance Fees.--A surcharge under subsection (a) shall be in addition to any entrance fee collected pursuant to-- (1) section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a); (2) the Recreational Fee Demonstration Program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note); or (3) the national park passport program under title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.). (c) Limitation.--The total amount charged or set aside under subsection (a) may not exceed $2 for each individual charged an entrance fee. (d) Use.--A surcharge or set-aside under subsection (a) shall be used by the fundraising organization to-- (1) amortize the bond issue; (2) provide for the reasonable costs of administration; and (3) maintain a sufficient reserve consistent with industry standards, as determined by the bond underwriter. (e) Excess Funds.--Any funds collected in excess of the amount necessary to fund the uses in subsection (d) shall be remitted to the National Park Foundation to be used for the benefit of all units of the National Park System. SEC. 6. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to paragraph (2), bond proceeds under this Act may be used for a project for the design, construction, operation, maintenance, repair, or replacement of a facility in the national park for which the bond was issued. (2) Project limitations.--A project referred to in paragraph (1) shall be consistent with-- (A) the laws governing the National Park System; (B) any law governing the national park in which the project is to be completed; and (C) the general management plan for the national park. (3) Prohibition on use for administration.--Other than interest as provided in subsection (b), no part of the bond proceeds may be used to defray administrative expenses. (b) Interest on Bond Proceeds.-- (1) Authorized uses.--Any interest earned on bond proceeds may be used by the fundraising organization-- (A) to meet reserve requirements; and (B) to defray reasonable administrative expenses incurred in connection with the management and sale of the bonds. (2) Excess interest.--All interest on bond proceeds not used for purposes of paragraph (1) shall be remitted to the National Park Foundation for the benefit of all units of the National Park System. SEC. 7. ADMINISTRATION. The Secretary, in consultation with the Secretary of Treasury, shall promulgate regulations to carry out this Act.

National Parks Capital Improvements Act of 2001 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fund raising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge or set-aside.Authorizes the Secretary to set aside up to $2 per person from park entrance fees, or to assess an additional $2 per person, to secure bonds for park capital improvements.

To authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon National Park and certain other units of the National Park System to secure bonds for capital improvements to these parks, and for other purposes.

SECTION 1. REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ. (a) Redeployment of United States Forces From Iraq.--The President shall complete the redeployment of United States forces from Iraq within one year of the date of the enactment of this Act, in accordance with a schedule negotiated with the Government of Iraq, leaving thereafter in Iraq only the minimal number of United States forces that are critical to-- (1) completing the mission of standing up Iraqi security forces; (2) conducting targeted and specialized counter-terrorism operations; and (3) protecting United States facilities and personnel. (b) Change of Priorities to Training Iraqi Security Forces.--The President shall-- (1) immediately change United States military priorities in Iraq by giving the highest priority to the training, equipping, advising, and support of Iraqi security forces; and (2) accelerate the redeployment of United States forces within Iraq to rear-guard, garrisoned status for security back- up, border security, training, and emergency response. (c) Enforcement of Benchmarks.--The President shall enforce benchmarks tied to specific dates for progress, as agreed upon by the Government of Iraq, in meeting key objectives on national reconciliation, security, and governance in Iraq, by conditioning United States political, military, and economic assistance to Iraq on meeting such benchmarks. (d) Maintenance of Over-the-Horizon Troop Presence.--The President shall maintain an over-the-horizon troop presence in the Middle East region to prosecute the war on terror and protect regional security interests. (e) Statement of No Permanent United States Military Bases in Iraq.--The President shall state publicly that the United States does not seek to establish or maintain any permanent military bases in Iraq. SEC. 2. DIPLOMATIC INITIATIVES ON IRAQ. (a) Summits.-- (1) In general.--The President shall work with the leaders of the Government of Iraq, and engage in the diplomacy necessary, to convene, as soon as possible, a summit, or series of summits for the purpose of reaching a sustainable agreement on Iraq that engenders the support of Sunnis, Shias, and Kurds by-- (A) ensuring the equitable distribution of the oil revenues of Iraq; (B) disbanding militias in Iraq; (C) strengthening internal security and deterring foreign interference in Iraq; (D) reviving reconstruction efforts in Iraq and fulfilling related international economic aid commitments with respect to Iraq; (E) securing the borders of Iraq; (F) supporting the national reconciliation commission of Iraq; (G) reintegrating former Ba'athists into Iraqi society; (H) resolving the final status of Kirkuk; and (I) providing for a sustainable federalist structure in Iraq. (2) Participants.--Participants in the summit or summits under this subsection should include the following: (A) Leaders of the governments of each country bordering Iraq, including Turkey, Iran, and Syria. (B) Representatives of the Arab League. (C) The Secretary General of the North Atlantic Treaty Organization. (D) Representatives of the European Union. (E) Leaders of the governments of each permanent member of the United Nations Security Council. (b) Establishment of International Support Group for Iraq.-- (1) In general.--The President shall organize, as soon as possible, an international support group for Iraq for the purpose of working collectively to bring stability to Iraq. (2) Participants.--The international support group under this subsection should consist of the following: (A) Each country bordering Iraq, including Turkey, Iran, and Syria. (B) Representative countries from the Arab League. (C) The Secretary General of the North Atlantic Treaty Organization. (D) Representatives countries from the European Union. (E) Each permanent member of the United Nations Security Council. (c) Establishment of Regional Security Alliance.--The President shall create a new regional security alliance that strengthens the security of United States allies in the Middle East region through a phased process that includes enhanced security assistance programs, joint exercises, and coordinated diplomatic initiatives. SEC. 3. RECONSTRUCTION INITIATIVES IN IRAQ. (a) Senior Advisor for Economic Reconstruction in Iraq.-- (1) Appointment.--The President shall appoint a senior advisor to oversee the coordination of reconstruction efforts in Iraq among United States agencies, Iraq agencies, and international partners (including the World Bank, the International Monetary Fund, and international humanitarian agencies) in order to foster greater United States interagency cooperation on Iraq and avoid duplicative programs and activities in the reconstruction of Iraq. (2) Report to president.--The senior advisor appointed under paragraph (1) shall report directly to the President with respect to the activities undertaken by the senior advisor under that paragraph. (b) Expedited Disbursement of Reconstruction Funds.--The President shall provide the Chief of Mission in Iraq authority as follows: (1) Authority to spend significant funds through a program having a structure similar to the structure of the Commander's Emergency Response Program. (2) Authority to rescind United States funds from projects in which the Government of Iraq is not demonstrating an effective partnership with the United States. (c) Disarmament, Demobilization, and Reintegration of Militias.-- (1) In general.--The President shall work to create security conditions in Iraq in which reconstruction efforts can succeed by providing financial and technical support to a program to disarm, demobilize, and reintegrate militia members in Iraq. (2) Assistance.--In carrying out paragraph (1), the President shall establish in Iraq an office to coordinate assistance and support the presence of neutral international experts as advisors to the Government of Iraq on the processes of disarmament, demobilization, and reintegration of militias. SEC. 4. REAUTHORIZATION OF USE OF MILITARY FORCE IN IRAQ BY CONGRESS. (a) Fulfillment of Original Authorization.--Congress declares that the purposes for which the authorization for use of military force in Iraq were granted to the President by Congress pursuant to the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), namely (1) to defend the national security of the United States against the continuing threat posed by Iraq, and (2) to enforce all relevant United Nations Security Council resolutions regarding Iraq, have been achieved. (b) New Authorization.--Effective as of the date of the enactment of this Act, the President shall be authorized to use military force in Iraq solely for the purpose of implementing the strategy set forth in sections 1, 2, and 3. SEC. 5. REPORTS TO CONGRESS. (a) Plan for Implementation of Strategy.-- (1) Plan required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to Congress a report that sets forth a plan for implementing the strategy set forth in sections 1, 2, and 3. (2) Elements.--The plan required by paragraph (1) shall include the following: (A) The schedule for redeploying United States forces from Iraq within one year of the date of the enactment of this Act, as developed pursuant to section 1(a). (B) A strategy for ensuring the safety and security of United States forces in Iraq during and after such redeployment. (C) The number, size, and character of United States military units needed in Iraq after such redeployment for purposes of completing the mission of standing up Iraqi security forces, conducting targeted and specialized counter-terrorism operations, and protecting United States facilities and personnel. (D) A strategy for addressing the regional implications of redeploying United States forces from Iraq in accordance with section 1(a), including efforts that will be made to ensure a coordinated diplomatic, political, and development strategy to accompany such redeployment. (E) Contingency plans for using over-the-horizon forces deployed in the Middle East region pursuant to section 1(d) to address threats to the United States that may arise in Iraq and throughout the region. (F) A strategy for redeploying United States forces to effectively engage and defeat global terrorist networks that threaten the United States. (G) A schedule for completing the diplomatic initiatives set forth in section 2. (H) A schedule for completing the reconstruction initiatives set forth in section 3. (b) Reports on Implementation of Strategy.--Not later than 60 days after the date of the submittal of the report required by subsection (a), and every 60 days thereafter, the Secretary of Defense shall, in consultation with the Secretary of State, submit to Congress a report on the actions taken to implement the strategy set forth in sections 1, 2, and 3.

Directs the President to: (1) complete the redeployment of U.S. forces from Iraq within one year of enactment of this Act; (2) change U.S. military priorities in Iraq to the training of Iraqi security forces; (3) condition U.S. political, military, and economic assistance to Iraq upon Iraq's meeting specified benchmarks; (4) maintain an over-the-horizon troop presence in the Middle East to prosecute the war on terror and protect regional security interests; (5) state publicly that the United States does not seek permanent military bases in Iraq; (6) work with Iraqi leaders to convene a diplomatic summit or a series of summits on Iraq; (7) establish an international support group for Iraq's stabilization; (8) establish a regional security alliance to strengthen U.S. allies in the Middle East; and (9) appoint a senior advisor for economic reconstruction in Iraq. Declares that: (1) the purposes for the authorization of military force in Iraq under P.L. 107-243 (Authorization for Use of Military Force Against Iraq Resolution of 2002) have been accomplished; and (2) effective as of the date of the enactment of this Act the President shall be authorized to use military force in Iraq solely to implement the strategy provided for under this Act. Directs the Secretary of Defense to report to Congress within 60 days of enactment of this Act respecting such strategy's implementation.

A bill to provide a comprehensive strategy for stabilizing Iraq and redeploying United States troops from Iraq within one year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Non-Homeland Security Mission Performance Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Federal agencies included in the Department of Homeland Security perform important non-homeland security functions on which all United States citizens rely, such as the protection of fisheries and agriculture, communication and transportation infrastructures, and medical supplies. (2) Federal agencies included in the Department shall ensure the continuation of non-homeland security functions as new homeland security responsibilities are adopted. (3) A strategy to address non-homeland security functions is needed to meet the daily needs of Americans and to preserve the security of the Nation. (4) Non-homeland security functions are complementary to homeland security functions and often share personnel, resources, and assets. It is appropriate for each Under Secretary of the Department of Homeland Security to ensure that non-homeland security functions are performed. (5) Agencies in the Department of Homeland Security perform essential non-homeland security functions Americans rely on everyday, including the following: (A) The United States Coast Guard has vital non- homeland security functions, including search and rescue, fisheries enforcement, marine environmental protection, law enforcement, marine safety, and aids to navigation. (B) The Department of Homeland Security Bureau of Citizenship and Immigration Services provides important immigration and citizenship services and benefits including processing and approving requests for citizenship, adjudicating asylum for refugees, and immigration benefits, such as refugee and intercountry adoptions. (C) The Federal Emergency Management Agency (FEMA) assists local communities to prepare for and respond to floods, hurricanes, earthquakes, fires, tornadoes, and other natural disasters. The Federal Emergency Management Agency supplements State and local responses to natural disasters and the mitigation of damage, and prevention of disasters, such as earthquakes. (D) The Animal and Plant Health Inspection Service and the Animal Research Service develop strategies to prevent and control foreign or emerging animal and plant disease epidemics vital to farmers, the economy, and the protection of the environment. (E) The Secret Service is charged with safeguarding payment and financial systems by protecting against counterfeiting, identity theft, credit card fraud, cell phone fraud, computer and telecommunications fraud, money laundering, and other financial crimes. (F) The United States Customs Service protects our free trade essential for a healthy economy by working to lower the cost of trade compliance, providing guidance on the conduct of legal trade, and monitoring imports to ensure compliance with public health and safety laws. Customs protects intellectual property and combats money laundering, child pornography, and drug trafficking. (b) Purposes.--The purposes of this Act are to-- (1) ensure the continuation of non-homeland security functions of Federal agencies; and (2) ensure that Federal agencies develop sound management strategies and allocate sufficient funding to carry out non- homeland security functions. SEC. 3. NON-HOMELAND SECURITY FUNCTIONS PERFORMANCE. (a) In General.--For each entity in the Department of Homeland Security that performs non-homeland security functions, the Under Secretary with responsibility for that entity, in conjunction with the head of that entity, shall submit a report on the performance of the entity and all the functions of that entity, with a particular emphasis on examining the continuing level of performance of non-homeland security functions to-- (1) the Secretary of Homeland Security; (2) the Committee on Governmental Affairs of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Government Reform of the House of Representatives; (5) the Select Committee on Homeland Security of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (b) Contents.--The report referred to under subsection (a) shall-- (1) to the greatest extent possible, provide an inventory of the non-homeland security functions of the entity and identify the capabilities of the entity with respect to those functions, including-- (A) the number of employees carrying out those functions; (B) the budget for those functions; and (C) the flexibilities, personnel or otherwise, used to carry out those functions; (2) contain information relating to the roles, responsibilities, organizational structure, capabilities, personnel assets, and annual budgets, specifically with respect to the capabilities of the entity to accomplish non-homeland security functions without any diminishment; (3) contain information relating to whether any changes are required to the roles, responsibilities, functions, organizational structure, modernization programs, projects, activities, recruitment and retention programs, and annual fiscal resources to enable the entity to accomplish non- homeland security functions without diminishment; and (4) contain the strategy the Department will use for the performance of non-homeland security functions and homeland security functions. (c) Submission of Reports.--During the 5-year period following the date of the transfer of an entity that performs non-homeland security functions to the Department of Homeland Security or the date of the establishment of an entity that performs non-homeland security functions within the Department of Homeland Security, the Under Secretary with responsibility for that entity shall submit an annual report described under subsection (a). (d) Annual Evaluations.-- (1) In general.--The Comptroller General of the United States shall monitor and evaluate the implementation of this section. (2) Reports.--Not later than 60 days after the date of enactment of this Act and every year during the succeeding 5- year period, the Comptroller General of the United States shall submit a report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives containing-- (A) an evaluation of the implementation progress reports submitted under this section; (B) the findings and conclusions of the Comptroller General of the United States resulting from the monitoring and evaluation conducted under this subsection, including evaluations of how successfully the Department of Homeland Security is meeting the non- homeland security functions of the Department; and (C) any recommendations for legislation or administrative action the Comptroller General of the United States considers appropriate. (e) Performance Reports.--In performance reports submitted under section 1116 of title 31, United States Code, the Department of Homeland Security shall-- (1) clarify homeland security and non-homeland security function performance; and (2) fully describe and evaluate the performance of homeland and non-homeland security functions and goals to Congress. (f) Application of Requirements to the Coast Guard and the Secret Service.-- (1) Coast guard.-- (A) In general.--This paragraph shall apply with respect to the Coast Guard, instead of subsections (a), (b), and (c). (B) Report of inspector general.--During the 5-year period following the date of the transfer of the Coast Guard to the Department of Homeland Security, the Inspector General of the Department shall include in each report submitted under section 888(f) of the Homeland Security Act of 2002 (6 U.S.C. 468(f)) the contents required in reports under subsections (a) and (b) of this section. (2) Secret service.--With respect to the Secret Service, the Director of the Secret Service shall submit each report as provided under subsections (a), (b), and (c). (3) Annual evaluations and performance reports.-- Subsections (d) and (e) shall apply with respect to that portion included in each report under paragraph (1)(B) and each report under paragraph (2).

Non-Homeland Security Mission Performance Act of 2003 - Requires the Under Secretary of each entity within the Department of Homeland Security that performs non-homeland security functions to report to the Secretary of Homeland Security and specified congressional committees on its performance of such functions, with an emphasis on examining the continuing performance level. Requires new entities that are transferred to the Department and that perform such functions to submit such reports for a five-year period. Requires: (1) the Inspector General of the Department to provide such required information with respect to the Coast Guard during the five-year period following its transfer to the Department; and (2) the Director of the Secret Service to provide such information with respect to the Secret Service. Directs the Comptroller General to monitor, evaluate, and report to specified congressional committees on the implementation of this Act. Directs the Department, in required annual performance reports, to clarify, describe, and evaluate the performance of homeland and non-homeland security functions.

A bill to ensure the continuation of non-homeland security functions of Federal agencies transferred to the Department of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Lending Pilot Act of 2003''. SEC. 2. CHILD CARE LENDING PILOT PROGRAM. (a) Loans Authorized.--Notwithstanding section 502(1) of the Small Business Investment Act of 1958, the proceeds of any loan described in section 502 of such Act may be used by the certified development company to provide loans to small, nonprofit child care businesses, provided that-- (1) the loan will be used for a sound business purpose that has been approved by the Administrator of the Small Business Administration (hereafter in this section referred to as the Administrator); (2) each such business meets the eligibility requirements applicable to for-profit businesses receiving a similar loan, except for status as a for-profit business; (3) 1 or more individuals have personally guaranteed the loan; (4) the small, non-profit child care business has clear and singular title to the collateral for the loan; and (5) the small, non-profit child care business has sufficient cash flow from its operations to meet its obligations on the loan and its normal and reasonable operating expenses. (b) Limitation on Volume.--Not more than 7 percent of the total number of loans guaranteed in any fiscal year under title V of the Small Business Investment Act of 1958 may be awarded under the program described in this section. (c) Small, Nonprofit Child Care Business.--For purposes of this section, the term ``small, non-profit child care business'' means an organization that-- (1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (2) is primarily engaged in providing child care for infants, toddlers, pre-school, or pre-kindergarten children (or any combination thereof), may provide care for older children when they are not in school, and may offer pre-kindergarten educational programs; (3) including its affiliates, has tangible net worth that does not exceed $7,000,000, and has average net income (excluding any carryover losses) for the preceding 2 completed fiscal years that does not exceed $2,500,000; and (4) is licensed as a child care provider by the District of Columbia, the insular area, or the State, in which it is located. (d) Termination.--No loan shall be made under this section after September 30, 2006. (e) Reports.-- (1) Small business administration.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter until September 30, 2006, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the implementation of the loan program described in this section. Each such report shall include-- (A) the date on which the loan program is implemented; (B) the date on which the rules are issued pursuant to subsection (f); and (C) the number and dollar amount of loans under the program applied for, approved, and disbursed during the previous 6 months. (2) General accounting office.--Not later than March 31, 2006, the Comptroller General of the United States shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the assistance provided under the loan program established by this section. Such report shall include information regarding the first 2 years of the loan program, including-- (A) an evaluation of the timeliness of the implementation of the loan program; (B) a description of the effectiveness and ease with which certified development companies, lenders, and small businesses have participated in the loan program; (C) a description and assessment of how the loan program was marketed; (D) by location (State, insular area, and District of Columbia) and in total, the number of small, nonprofit child care businesses that-- (i) applied for loans under the program (stated separately for new and expanding child care providers); and (ii) received loan disbursements under the program (stated separately for new and expanding child care providers); (E) the total amount loaned to such businesses under the program; (F) the total number of loans made to such businesses under the program; (G) the average loan amount and term of loans made under the program; (H) the currency rate, delinquencies, defaults, and losses of the loans made under the program; (I) the number and percent of children served through the program who receive subsidized assistance; and (J) the number and percent of children served through the program who are low income. (3) Access to information.-- (A) Collection.--The Administrator shall collect and maintain such information as may be necessary to carry out paragraph (2) from certified development centers and child care providers, and such centers and providers shall comply with a request for information from the Administrator for that purpose. (B) Provision of information to gao.--The Administrator shall provide information collected under subparagraph (A) to the Comptroller General of the United States for purposes of the report required by paragraph (2). (f) Rulemaking Authority.--Not later than 120 days after the date of the enactment of this Act, the Administrator shall issue final rules to carry out the loan program authorized by this section.

Child Care Lending Pilot Act of 2003 - Allows proceeds of loans made through the Small Business Administration (SBA) to local certified development companies for plant acquisition, construction, or expansion to be used to provide loans to small, nonprofit child care businesses, provided that: (1) the loan will be used for a sound business purpose approved by the SBA Administrator; (2) each business receiving the assistance meets eligibility requirements applicable to for-profit businesses; (3) one or more individuals have personally guaranteed the loan; and (4) the child care business has both clear and singular title to the collateral for the loan and sufficient cash flow to meet loan obligations and reasonable operating expenses. Prohibits more than seven percent of the total number of loans guaranteed in any fiscal year for local development companies from being awarded under this program. Terminates such authority at the end of FY 2006.

To amend the Small Business Investment Act of 1958 to establish a pilot program for lending to small, nonprofit child care businesses.

SECTION. 1. WORK INCENTIVES. (a) Medicaid Benefits Continued for 36 Months for Families Becoming Ineligible for AFDC Due to Excessive Income.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) if a family becomes ineligible for aid under the State plan under this part due to excessive income, the family shall remain eligible for medical assistance under the State plan under title XIX for the 36-month period beginning with most recent month in which the family becomes so ineligible.''. (b) Increase in Resource Limit.--Section 402(a)(7)(B) of such Act (42 U.S.C. 602(a)(7)(B)) is amended by striking ``$1,000 or such lower amount as the State may determine'' and inserting ``$10,000''. (c) Encouragement of Microenterprises.-- (1) State plan requirement.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as amended by subsection (a) of this section, is amended-- (A) by striking ``and'' at the end of paragraph (45); (B) by striking the period at the end of paragraph (46) and inserting ``; and''; and (C) by inserting after paragraph (46) the following: ``(47) must ensure that caseworkers are able to properly advise recipients of aid under the State plan of the option of microenterprise as a legitimate route towards self-sufficiency, and that caseworkers encourage recipients of such aid who are interested in starting a microenterprise to participate in a program designed to assist them in such effort.''. (2) Definitions.--Section 406 of such Act (42 U.S.C. 606) is amended by adding at the end the following: ``(i)(1) The term `microenterprise' means a commercial enterprise which has 5 or fewer employees, 1 or more of whom owns the enterprise. ``(2) The term `net profits' means, with respect to a microenterprise, the gross receipts of the business, minus-- ``(A) amounts paid as principal or interest on a loan to the microenterprise; ``(B) transportation expenses; ``(C) inventory costs; ``(D) amounts expended to purchase capital equipment; ``(E) cash retained by the microenterprise for future use by the business; ``(F) taxes paid by reason of the business; ``(G) if the business is covered under a policy of insurance against loss-- ``(i) the premiums paid for such insurance; and ``(ii) the losses incurred by the business that are not reimbursed by the insurer solely by reason of the existence of a deductible with respect to the insurance policy; ``(H) the reasonable costs of obtaining 1 motor vehicle necessary for the conduct of the business; and ``(I) the other expenses of the business.''. (3) Inclusion of microenterprise training and activities in the jobs program.-- (A) In general.--Section 482(d)(1) of such Act (42 U.S.C. 682(d)(1)) is amended adding at the end the following: ``(C) The services and activities referred to in subparagraph (A)-- ``(i) in the case that at least 3 percent of the adult recipients of aid under the State plan approved under part A (as of the close of the immediately preceding fiscal year) elect to participate in microenterprise activities, shall include programs described in paragraph (4); or ``(ii) in the case that not more than 3 percent of the adult recipients of such aid elect to participate in microenterprise activities, may include programs described in paragraph (4).''. (B) Microenterprise programs.--Section 482(d) of such Act (42 U.S.C. 682(d)) is amended by adding at the end the following: ``(4) The programs described in this paragraph are programs of public and private organizations, agencies, and other entities (including nonprofit and for-profit entities) to enable such entities to facilitate economic development by-- ``(A) providing technical assistance, advice, and business support services (including assistance, advice, and support relating to business planning, financing, marketing, and other microenterprise development activities) to owners of microenterprises and persons developing microenterprises; and ``(B) providing general support (such as peer support and self-esteem programs) to owners of microenterprises and persons developing microenterprises.''. (4) Adjustment of performance standards for microenterprises to take account of time required for their establishment.--Section 487(a)(2) of such Act (42 U.S.C. 687(a)(2)) is amended by inserting ``shall be adjusted with respect to microenterprises to reflect the time required to establish, and develop a stable income from, such an enterprise as part of a plan to move toward economic self-sufficiency,'' after ``dependency,''. (5) Study to identify administrative barriers to development of microenterprises among interested afdc recipients.--The Secretary of Health and Human Services shall conduct a study to identify the administrative and bureaucratic barriers that impede the development of microenterprises by recipients of aid to families with dependent children under the State plans approved under part A of title IV of the Social Security Act who desire to move toward self-sufficiency, and, not later than 1 year after the date of the enactment of this section, shall report the results of the study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (d) Earned Income Disregard.-- (1) In general.--Section 402(a)(8) of such Act (42 U.S.C. 602(a)(8)) is amended-- (A) in subparagraph (A)(iv)-- (i) by inserting ``for each of the first 36 months beginning on or after the effective date of this clause for which such aid is so received,'' after ``determination,''; and (ii) by striking all that follows ``plus'' and inserting ``(II) for the first 12 months of such 36-month period, 60 percent of the remainder thereof, for the second 12 months of such 36-month period, 50 percent of the remainder thereof, and for the third 12 months of such 36-month period, 40 percent of the remainder thereof;''; and (B) in subparagraph (B), by striking clause (ii). (2) Conforming amendments.-- (A) Section 402(a)(37) of such Act (42 U.S.C. 602(a)(37)) is amended by striking ``paragraph (8)(B)(ii)(II)'' and inserting ``the inapplicability of paragraph (8)(A)(iv)''. (B) Section 402(g)(1)(A)(ii) of such Act (42 U.S.C. 602(g)(1)(a)(II)) is amended by striking ``subsection (a)(8)(B)(ii)(II)'' and inserting ``the inapplicability of subsection (a)(8)(A)(iv)''. (C) Section 482(e)(2)(G)(ii) of such Act (42 U.S.C. 682(e)(2)(G)(ii)) is amended by striking ``the provisions of subparagraph (A)(iv)'' and all that follows and inserting ``section 402(a)(8)(A)(iv) without regard to the time limitation of such section''. (D) Section 1925(a)(1) of such Act (42 U.S.C. 1396r-6(a)(1)) is amended by striking ``section 402(a)(8)(B)(ii)(II)'' and inserting ``the inapplicability of section 402(a)(8)(A)(iv)''. SEC. 2. EDUCATION. (a) AFDC Suspended for so Long as Dependent Child is not Regularly Attending Required School.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by inserting after paragraph (28) the following: ``(29) provide that payments of aid that would otherwise be payable under the plan to the family in respect of a child required by State law to attend school shall be suspended for so long as the child is not enrolled in, and in regular attendance at, a school;''. (b) AFDC Reduced for High School Dropouts.--Section 402(a) of such Act (42 U.S.C. 602(a)) is amended by inserting after paragraph (34) the following: ``(35) provide that the amount of aid that would otherwise be payable under the plan to a family in which the relative claiming such aid has not completed high school or been awarded a certificate of high school equivalency, shall be reduced by $50 for so long as the relative is not enrolled in, and in regular attendance at, a school;''. (c) Child Care Guaranteed to Parents While Completing High School or the Equivalent.--Section 402(g)(1)(A)(i) of such Act (42 U.S.C. 602(g)(1)(A)(i)) is amended-- (1) by striking ``and'' at the end of subclause (I); (2) by striking the period at the end of subclause (II) and inserting ``; and''; and (3) by adding at the end the following: ``(III) for each recipient of aid under the State plan under this part who has not completed high school or been awarded a certificate of high school equivalency, and who has a dependent child requiring such care, but only for such months or parts thereof during which the recipient is enrolled in, and in regular attendance at, a school.''. SEC. 3. FAMILY UNITY AND PATERNAL RESPONSIBILITY. (a) Authority To Collect Overdue Child Support Through Levy by Internal Revenue Service on Wages.-- (1) In general.--Subchapter D of chapter 64 of the Internal Revenue Code of 1986 (relating to seizure of property for collection of taxes) is amended by redesignating section 6344 as section 6345 and by inserting after section 6343 the following new section: ``SEC. 6344. COLLECTION OF OVERDUE CHILD SUPPORT THROUGH LEVY ON WAGES. ``(a) In General.--If the Secretary is notified by a State under section 464 of the Social Security Act that any person owes overdue support (as defined in section 466(e) of such Act) the payment of which is at least 2 months delinquent-- ``(1) the amount of such overdue support shall be treated as unpaid tax for purposes of permitting the Secretary (subject to section 6334(a)(9)) to levy upon the wages and salary payable to or received by such person to collect such amount, and ``(2) the collection of such amount shall be treated as in jeopardy. ``(b) Remittance to State.--The Secretary shall remit any amount collected under subsection (a) to the State collecting such support. ``(c) Limitation on Review.--No court of the United States shall have jurisdiction to hear any action, whether legal or equitable, brought to restrain or review a levy (and any collection thereunder) authorized by subsection (a). No such levy (or collection) shall be subject to review by the Secretary in an administrative proceeding. No action brought against the United States to recover the amount of any such collection shall be considered to be a suit for refund of tax. This subsection does not preclude any legal, equitable, or administrative action against the Department of Health and Human Services.'' (2) Clerical amendment.--The table of sections for such subchapter D is amended by striking the last item and inserting the following new items: ``Sec. 6344. Collection of overdue child support through levy on wages. ``Sec. 6345. Cross references.'' (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) AFDC Available for Certain Families That Include Married Couples.--Part A of title IV of the Social Security Act (42 U.S.C. 601- 617) is amended by inserting after section 410 the following: ``SEC. 411. BENEFITS AVAILABLE FOR NEEDY FAMILIES WITH DEPENDENT CHILDREN WHOSE PARENTS ARE IN SCHOOL OR IN THE JOBS PROGRAM. ``(a) Notwithstanding section 406(a), the term `dependent child' includes a needy child-- ``(1) who meets the requirements of section 406(a)(2); ``(2) who is living with both parents of the child in a place of residence maintained as their home; and ``(3) both of whose parents are-- ``(A) enrolled in, and in regular attendance at, a school; or ``(B) participating in the program of the State under section 402(a)(19) and part F. ``(b) Notwithstanding section 402(a)(7)(A), in determining need with respect to a child who meets the requirements of subsection (a) of this section, the income of the parent whose income is less than the income of the other parent shall be disregarded.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the calendar month in which this Act is enacted, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending with or after such calendar month.

Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) provide for continuation of Medicaid (SSA title XIX) benefits for 36 months for families who become ineligible for AFDC due to excessive income; (2) increase the limit on resources used in determining a family's eligibility for AFDC; (3) require that the State ensure that caseworkers are able to properly advise AFDC recipients of the use of microenterprises to attain self-sufficiency and encourage interested recipients to participate in a program designed to assist them in starting one; (4) provide for the inclusion of microenterprise training and activities in the JOBS program; (5) require that performance standards be adjusted to reflect the time required to establish microenterprises; (6) revise provisions concerning the earned income of children disregarded in determining the family's need for AFDC; (7) provide for suspension of AFDC where a child of a family on AFDC is not regularly attending required school; (8) reduce AFDC in cases where the family member claiming it is a high school dropout; (9) require States to guarantee child care to parents who are high school drop-outs during the period they are completing high school or the equivalent; and (10) make AFDC available to certain families with dependent children whose parents attend school or participate in the JOBS program. Requires the Secretary of Health and Human Services to identify administrative barriers to microenterprise development by AFDC recipients. Amends the Internal Revenue Code to provide for the collection of overdue child support through a levy on the wages of the individual owing it.

To amend title IV of the Social Security Act to eliminate disincentives in the program of aid to families with dependent children that prevent recipients of such aid from working toward self-sufficiency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Immigration and Customs Enforcement Authorization Act''. SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (a) In General.--Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended to read as follows: ``SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. ``(a) Establishment.--There is established within the Department an agency to be known as United States Immigration and Customs Enforcement. ``(b) Director of United States Immigration and Customs Enforcement.--There shall be at the head of United States Immigration and Customs Enforcement a Director of United States Immigration and Customs Enforcement (in this section referred to as the `Director'), who shall be appointed by the President, by and with the advice and consent of the Senate. ``(c) Duties and Qualifications.--The Director shall-- ``(1) have a minimum of five years professional experience in law enforcement, and a minimum of five years management experience; ``(2) have the power to investigate and, where appropriate, refer for prosecution, any criminal violation of Federal law relating to or involving-- ``(A) border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators; ``(B) customs, trade, or import or export control, including the illicit possession, movement of, or trade in goods, services, property, contraband, arms, instruments of terrorism, items controlled or prohibited from export, pornography, intellectual property, or monetary instruments; ``(C) transnational money laundering or bulk cash smuggling; ``(D) immigration or naturalization; ``(E) gangs or criminal syndicates engaged in transnational criminal activity; ``(F) chapter 40 or 44 of title 18, United States Code, or other violation relating to firearms, explosives, or other destructive devices involving an alien; ``(G) the employment or abuse of an alien, including trafficking and peonage, labor violations, sexual exploitation, pornography, prostitution, or sex tourism; ``(H) identification, travel, or employment documents; ``(I) unlawful use of personal information, including immigration document fraud, when such use relates to or affects border security, terrorism, customs, immigration, naturalization, trade, travel, or transportation security; and ``(J) travel security; ``(3) coordinate with Federal, State, local, tribal, and foreign agencies to promote the efficient-- ``(A) investigation of criminal violations of the border security, terrorism, customs, immigration, naturalization, trade, travel, and transportation laws of the United States; and ``(B) civil enforcement of immigration laws, as such term is defined in paragraph (17) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); ``(4) in coordination with the Department of State and the Office of International Affairs of the Department, establish staff liaison offices and vetted units in appropriate foreign countries to support the counterterrorism efforts and other international activities and relationships of United States Immigration and Customs Enforcement; ``(5) establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director's assigned duties, including the Centers specified in subparagraphs (B) and (C) of subsection (f)(3); and ``(6) carry out the duties and powers prescribed by law or delegated by the Secretary. ``(d) General Enforcement Powers.--The Director may authorize agents and officers of United States Immigration and Customs Enforcement to-- ``(1) execute any warrants issued under the laws of the United States; ``(2) issue and serve administrative or judicial subpoenas and summonses; ``(3) carry firearms; ``(4) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; ``(5) seize any property, whether real or personal, that is involved in any violation or attempted violation, or which constitutes proceeds traceable to a violation, of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; ``(6) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or attempted violation of those provisions of law which United States Immigration and Customs Enforcement is authorized to enforce; and ``(7) issue civil detainers for purposes of immigration enforcement. ``(e) Deputy Director.--There shall be in United States Immigration and Customs Enforcement a Deputy Director who shall assist the Director in the management of United States Immigration and Customs Enforcement. ``(f) Office of Homeland Security Investigations.-- ``(1) In general.--There is established in United States Immigration and Customs Enforcement the Office of Homeland Security Investigations. ``(2) Executive associate director.--There shall be at the head of the Office of Homeland Security Investigations an Executive Associate Director, who shall report to the Director. ``(3) Duties.--The Office of Homeland Security Investigations shall-- ``(A) serve as the law enforcement office of United States Immigration and Customs Enforcement with primary responsibility to conduct investigations of terrorist organizations and other criminal organizations that threaten homeland or border security; ``(B) administer the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established under such section, and use such information to carry out the enforcement functions of United States Immigration and Customs Enforcement; ``(C) administer a National Intellectual Property Rights Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of intellectual property offenses; ``(D) administer a National Export Enforcement Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of Export Control offenses; ``(E) enforce Federal law relating to-- ``(i) the unlawful employment of aliens; and ``(ii) immigration document fraud; and ``(F) carry out other duties and powers prescribed by the Director. ``(g) Office of Enforcement and Removal Operations.-- ``(1) In general.--There is established in United States Immigration and Customs Enforcement the Office of Enforcement and Removal Operations. ``(2) Executive associate director.--There shall be at the head of the Office of Enforcement and Removal Operations an Executive Associate Director, who shall report to the Director. ``(3) Duties.--The Office of Enforcement and Removal Operations shall-- ``(A) identify, arrest, detain, and remove aliens who-- ``(i) engage in terrorist activities, are affiliated with a terrorist organization, or otherwise present a national security or public safety risk to the United States; ``(ii) undermine the border security efforts and operations of the United States; ``(iii) enter the United States in violation of Federal law; or ``(iv) are otherwise subject to exclusion, deportation, or removal from the United States; and ``(B) carry out other duties and powers prescribed by the Director. ``(h) Office of the Principal Legal Advisor.-- ``(1) In general.--There is established in United States Immigration and Customs Enforcement the Office of the Principal Legal Advisor. ``(2) Principal legal advisor.--There shall be at the head of the Office the Principal Legal Advisor a Principal Legal Advisor, who shall report to the General Counsel of the Department. ``(3) Duties.--The Office of the Principal Legal Advisor shall provide specialized legal advice and policy guidance to the Director and shall represent the Department in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review. ``(i) Office of Professional Responsibility.-- ``(1) In general.--There is established in the United States Immigration and Customs Enforcement the Office of Professional Responsibility. ``(2) Assistant director.--There shall be at the head of the Office of Professional Responsibility an Assistant Director, who shall report to the Director. ``(3) Duties.--The Office of Professional Responsibility shall-- ``(A) investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of United States Immigration and Customs Enforcement, or, as delegated by the Secretary, any employee or contractor of the Department that are not subject to investigation by the Inspector General of the Department; ``(B) inspect and review United States Immigration and Customs Enforcement's offices, operations, and processes, including detention facilities operated or used by United States Immigration and Customs Enforcement, and provide an independent review of United States Immigration and Custom Enforcement's organizational health, effectiveness, and efficiency of mission; and ``(C) provide and manage the security programs and operations for United States Immigration and Customs Enforcement. ``(j) Other Authorities.-- ``(1) In general.--The Secretary may establish such other Executive Associate Directors, Assistant Directors, agents, officers, or other offices as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Immigration and Customs Enforcement. ``(2) Notification.--If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising the authority described in paragraph (1). ``(k) Other Federal Agencies.--Nothing in this section shall be construed to limit the existing authority of any other Federal agency.''. (b) Special Rules.-- (1) Treatment.--Section 442 of the Homeland Security Act of 2002, as amended by subsection (a) of this section, shall be treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, duties, and authorities specified in such amended section 442, United States Immigration and Customs Enforcement shall continue to perform and carry out the functions, missions, duties, and authorities under section 442 of such Act as in existence on the day before such date of enactment. (2) Rules of construction.-- (A) Rules and regulations.--Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such rule or regulation shall continue to have full force and effect on and after such date. (B) Other actions.--Notwithstanding paragraph (1), nothing in this Act may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 442 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. (c) Continuation in Office.-- (1) Director.--The individual serving as Assistant Secretary for United States Immigration and Customs Enforcement on the day before the date of the enactment of this Act may continue to serve as the Director of United States Immigration and Customs Enforcement in accordance with section 442 of the Homeland Security Act of 2002, as amended by this Act until the earlier of-- (A) the date on which such individual is no longer eligible to serve as Director; or (B) the date on which a person nominated by the President to be the Director is confirmed by the Senate in accordance with such amended section 442. (2) Other positions.--The individuals serving as the Deputy Director, Executive Associate Directors, Assistant Directors, and other officers and employees under section 442 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act may serve as the appropriate Assistant Directors and other officers and employees under such section 442 as amended by subsection (a) of this section unless the Director of United States Immigration and Customs Enforcement determines that another individual should hold such position. (d) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 442 and inserting the following: ``Sec. 442. Establishment of United States Immigration and Customs Enforcement.''. (e) Transportation.--Section 1344(b)(6) of title 31, United States Code, is amended by inserting ``the Director of United States Immigration and Customs Enforcement, the Commissioner of Customs and Border Protection,'' after ``the Administrator of the Drug Enforcement Administration,''. (f) Conforming Amendments.-- (1) Title 5.--Section 5314 of title 5, United States Code, is amended by inserting after ``Director of the Bureau of Citizenship and Immigration Services.'' the following new item: ``Director of United States Immigration and Customs Enforcement.''. (2) Homeland security act of 2002.--The Homeland Security Ac of 2002 is amended-- (A) in subsection (a)(2)(C) of section 451 (6 U.S.C. 271), by striking ``at the same level as the Assistant Secretary of the Bureau of Border Security'' and inserting ``in accordance with section 5314 of title 5, United States Code''; (B) in subsection (c) of section 459 (6 U.S.C. 276), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Director of United States Immigration and Customs Enforcement''; (C) in subsection (b)(2)(A) of section 462 (6 U.S.C. 279), in the matter preceding clause (i), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Director of United States Immigration and Customs Enforcement''; (D) by repealing sections 443, 445, and 446 (6 U.S.C. 253, 255, and 256); and (E) in section 1(b), by striking the items relating to sections 445 and 446.

Amends the Homeland Security Act of 2002 with respect to the establishment in the Department of Homeland Security (DHS) of United States Immigration and Customs Enforcement (ICE) (formerly the Bureau of Immigration and Customs Enforcement).

United States Immigration and Customs Enforcement Authorization Act

SECTION 1. ESTABLISHMENT OF SMALL BUSINESS SAVINGS ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: ``SEC. 408B. SMALL BUSINESS SAVINGS ACCOUNTS. ``(a) General Rule.--Except as provided in this section, a Small Business Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Small Business Savings Account.--For purposes of this title, the term `Small Business Savings Account' means a tax preferred savings plan which is designated at the time of establishment of the plan as a Small Business Savings Account. Such designation shall be made in such manner as the Secretary may prescribe. ``(c) Treatment of Contributions.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to a Small Business Savings Account. ``(2) Contribution limit.-- ``(A) In general.--The aggregate amount of contributions for any taxable year to all Small Business Savings Accounts maintained for the benefit of an individual shall not exceed $10,000. ``(B) Aggregate limitation.--The aggregate of the amounts which may be taken into account under subparagraph (A) for all taxable years with respect to all Small Business Savings Accounts maintained for the benefit of an individual shall not exceed $150,000. ``(C) Cost of living adjustment.--The Secretary shall adjust annually the $10,000 amount in subparagraph (A) for increases in the cost-of-living at the same time and in the same manner as adjustments under section 415(d); except that the base period shall be the calendar quarter beginning July 1, 2011, and any increase which is not a multiple of $500 shall be rounded to the next lowest multiple of $500. ``(3) Contributions permitted after age 70\1/2\.-- Contributions to a Small Business Savings Account may be made even after the individual for whom the account is maintained has attained age 70\1/2\. ``(4) Rollovers from retirement plans not allowed.--A taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Savings Account from any qualified retirement plan (as defined in section 4974(c)). ``(d) Distribution Rules.--For purposes of this title-- ``(1) General rules.-- ``(A) Limitations on distributions.--All qualified distributions from a Small Business Savings Account-- ``(i) shall be limited to a single business, and ``(ii) must be disbursed not later than the last day of the 5th taxable year beginning after the initial disbursement. ``(B) Exclusions from gross income.--Any qualified distribution from a Small Business Savings Account shall not be includible in gross income. ``(2) Qualified distribution.--For purposes of this subsection, the term `qualified distribution' means any payment or distribution made for operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. ``(3) Nonqualified distributions.-- ``(A) In general.--In applying section 72 to any distribution from a Small Business Savings Account which is not a qualified distribution, such distribution shall be treated as made from contributions to the Small Business Savings Account to the extent that such distribution, when added to all previous distributions from the Small Business Savings Account, does not exceed the aggregate amount of contributions to the Small Business Savings Account. ``(B) Treatment of amounts remaining in account.-- Any remaining amount in a Small Business Savings Account following the date described in paragraph (1)(A)(ii) shall be treated as distributed during the taxable year following such date and such distribution shall not be treated as a qualified distribution. ``(4) Rollovers to a roth ira.--Subject to the application of the treatment of contributions in section 408A(c), distributions from a Small Business Savings Account may be rolled over into a Roth IRA.''. (b) Excess Contributions.--Section 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Small Business Savings Accounts.--For purposes of this section, in the case of contributions to all Small Business Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed to such accounts for the taxable year, over ``(B) the amount allowable as a contribution under section 408B(c)(2) for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts for the taxable year, and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a contribution under section 408B(c)(2) for such taxable year, over ``(ii) the amount contributed to such accounts for such taxable year.''. (c) Conforming Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 408A the following new item: ``Sec. 408B. Small Business Savings Accounts.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Amends the Internal Revenue Code to provide for tax preferred Small Business Savings Accounts to pay for trade or business expenses, including operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Allows annual contributions to such accounts up to $10,000. Sets forth rules for the tax treatment of contributions to and rollovers from such accounts, similar to rules governing individual retirement accounts (IRAs).

A bill to amend the Internal Revenue Code of 1986 to establish a new Small Business Savings Account.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Windfall Profits Rebate Act of 2005''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; adjusted base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the adjusted base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Adjusted Base Price Defined.-- ``(1) In general.--For purposes of this chapter, the term `adjusted base price' means $40 for each barrel of taxable crude oil plus an amount equal to-- ``(A) such base price, multiplied by ``(B) the inflation adjustment for the calendar year in which the taxable crude oil is removed from the property. The amount determined under the preceding sentence shall be rounded to the nearest cent. ``(2) Inflation adjustment.-- ``(A) In general.--For purposes of paragraph (1), the inflation adjustment for any calendar year after 2006 is the percentage by which-- ``(i) the implicit price deflator for the gross national product for the preceding calendar year, exceeds ``(ii) such deflator for the calendar year ending December 31, 2005. ``(B) First revision of price deflator used.--For purposes of subparagraph (A), the first revision of the price deflator shall be used. ``(d) Qualified Investment.--For purposes of this chapter-- ``(1) In general.--The term `qualified investment' means any amount paid or incurred with respect to-- ``(A) section 263(c) costs, ``(B) qualified refinery property (as defined in section 179C(c) and determined without regard to any termination date), ``(C) any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date), and ``(D) any facility for the production of alcohol used as a fuel (within the meaning of section 40) or biodiesel or agri-biodiesel used as a fuel (within the meaning of section 40A). ``(2) Section 263(c) costs.--For purposes of this subsection, the term `section 263(c) costs' means intangible drilling and development costs incurred by the taxpayer which (by reason of an election under section 263(c)) may be deducted as expenses for purposes of this title (other than this paragraph). Such term shall not include costs incurred in drilling a nonproductive well. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the Windfall Profits Rebate Act of 2005, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This section shall not apply to taxable crude oil removed after the date which is 3 years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 3. ENERGY CONSUMER REBATE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6430. ENERGY CONSUMER REBATE. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for each taxable year beginning after December 31, 2005, in an amount equal to the lesser of-- ``(1) the amount of the taxpayer's liability for tax for such taxpayer's preceding taxable year, or ``(2) the applicable amount. ``(b) Liability for Tax.--For purposes of this section, the liability for tax for any taxable year shall be the excess (if any) of-- ``(1) the sum of-- ``(A) the taxpayer's regular tax liability (within the meaning of section 26(b)) for the taxable year, ``(B) the tax imposed by section 55(a) with respect to such taxpayer for the taxable year, and ``(C) the taxpayer's social security taxes (within the meaning of section 24(d)(2)) for the taxable year, over ``(2) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for the taxable year. ``(c) Applicable Amount.--For purposes of this section, the applicable amount for any taxpayer shall be determined by the Secretary not later than the date specified in subsection (d)(1) taking into account the number of such taxpayers and the amount of revenues in the Treasury resulting from the tax imposed by section 5896 for the calendar year preceding the taxable year. ``(d) Date Payment Deemed Made.-- ``(1) In general.--The payment provided by this section shall be deemed made on February 1 of the calendar year ending with or within the taxable year. ``(2) Remittance of payment.--The Secretary shall remit to each taxpayer the payment described in paragraph (1) not later that the date which is 30 days after the date specified in paragraph (1). ``(e) Certain Persons not Eligible.--This section shall not apply to-- ``(1) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, ``(2) any estate or trust, or ``(3) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or enacted by the Windfall Profits Rebate Act of 2005''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6430. Energy consumer rebate.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Windfall Profits Rebate Act of 2005 - Amends the Internal Revenue Code to: (1) impose an excise tax on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; and (3) allow an income tax rebate for all taxpayers based upon windfall tax revenues, as determined by the Secretary of the Treasury. Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the adjusted base price ($40 per barrel adjusted for inflation) of such barrel.

To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and to rebate the tax collected back to the American consumer, and for other purposes.

TITLE I--SHORT TITLE This Act may be cited as the ``Rural and Remote Community Fairness Act of 1998''. TITLE II--RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK GRANTS The Housing and Community Development Act of 1974 (Public Law 93- 383) is amended by inserting at the end the following new title: ``TITLE IX--RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK GRANTS ``findings and purpose ``Sec. 901. (a) Findings.--The Congress finds and declares that-- ``(1) a modern infrastructure, including efficient housing, electricity, bulk fuel, waste water and water service, is a necessary ingredient of a modern society and development of a prosperous economy with minimal environmental impacts; ``(2) the Nation's rural and remote communities face critical social, economic and environmental problems, arising in significant measure from the high cost of infrastructure development in sparsely populated and remote areas, that are not adequately addressed by existing Federal assistance programs; ``(3) in the past, Federal assistance has been instrumental in establishing electric and other utility service in many developing regions of the Nation, and that Federal assistance continues to be appropriate to ensure that electric and other utility systems in rural areas conform with modern standards of safety, reliability, efficiency and environmental protection; and ``(4) the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable rural and remote communities as social, economic and political entities. ``(b) Purpose.--The purpose of this title is the development and maintenance of viable rural and remote communities through the provision of efficient housing, and reasonably priced and environmentally sound energy, water, waste water, and bulk fuel and utility services to those communities that do not have those services or who currently bear costs for those services that are significantly above the national average. ``definitions ``Sec. 902. As used in this title: ``(1) The term `unit of general local government' means any city, county, town, township, parish, village, borough (organized or unorganized) or other general purpose political subdivision of a State, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Virgin Islands, and American Samoa; a combination of such political subdivisions that is recognized by the Secretary; and the District of Columbia; or any other appropriate organization of citizens of a rural and remote community that the Secretary may identify. ``(2) The term `population' means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. ``(3) The term `Indian tribe' means any Indian tribe, band group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93-638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter. ``(4) The term `Secretary' means the Secretary of Housing and Urban Development. ``(5) The term `rural and remote community' means a unit of local general government or Indian tribe which represents or contains a population not in excess of 10,000 permanent inhabitants, and that has an average cost per kilowatt hour of electricity that is equal to or greater than 150 persent of the average retail price per kilowatt hour for all consumers in the United States, as determined by data provided by the Department of Energy's Energy Information Administration. ``(6) Alternative energy sources include non-traditional means of providing electrical energy, including, but not limited to, wind, solar, biomass, geothermal and tidal power. ``authorizations ``Sec. 903. The Secretary is authorized to make grants to rural and remote communities to carry out activities in accordance with the provisions of this title. For purposes of assistance under section 906, there are authorized to be appropriated $100,000,000 for each of fiscal years 1999 through 2005. ``statement of activities and review ``Sec. 904. (a) Prior to the receipt in any fiscal year of a grant under section 906 by any rural and remote community, the grantee shall have prepared and submitted to the Secretary a final statement of rural and remote community development objectives and projected use of funds. ``(b) In order to permit public examination and appraisal of such statements, to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, the grantee shall in a timely manner-- ``(1) furnish citizens information concerning the amount of funds available for rural and remote community development activities and the range of activities that may be undertaken; ``(2) publish a proposed statement in such manner to afford affected citizens an opportunity to examine its content and to submit comments on the proposed statement and on the community development performance of the grantee; ``(3) provide citizens with reasonable access to records regarding the past use of funds received under section 906 by the grantee; and ``(4) provide citizens with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of funds received under section 906 from one eligible activity to another. The final statement shall be made available to the public, and a copy shall be furnished to the Secretary. Any final statement of activities may be modified or amended from time to time by the grantee in accordance with the same procedures required in this paragraph for the preparation and submission of such statement. ``(c) Each grantee shall submit to the Secretary, at a time determined by the Secretary, a performance and evaluation report, concerning the use of funds made available under section 906, together with an assessment by the grantee of the relationship of such use to the objectives identified in the grantee's statement under subsection (a) and to the requirements of subsection (b). The grantee's report shall indicate its programmatic accomplishments, the nature of and reasons for any changes in the grantee's program objectives, and indications of how the grantee would change its programs as a result of its experiences. ``(d) Any rural and remote community may retain any program income that is realized from any grant made by the Secretary under section 906 if (1) such income was realized after the initial disbursement of the funds received by such unit of general local government under such section; and (2) such unit of general local government has agreed that it will utilize the program income for eligible rural and remote community development activities in accordance with the provisions of this title; except that the Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this subsection creates an unreasonable administrative burden on the rural and remote community. ``eligible activities ``Sec. 905. (a) Eligible activities assisted under this title may include only-- ``(1) the provision of assistance, including loans, grants, and services, for low-cost weatherization and other cost- effective energy-related repair of homes and other buildings; ``(2) the acquisition, construction, repair, reconstruction, or installation of reliable and cost-efficient facilities for the generation, transmission or distribution of electricity for consumption in a rural and remote community or communities; ``(3) the acquisition, construction, repair, reconstruction, remediation or installation of facilities for the safe storage and efficient management of bulk fuel by rural and remote communities, and facilities for the distribution of such fuel to consumers in a rural and remote community or communities; ``(4) facilities and training to reduce costs of maintaining and operating generation, distribution or transmission systems to a rural and remote community or communities; ``(5) the institution of professional management and maintenance services for electricity generation, transmission or distribution to a rural and remote community or communities; ``(6) the investigation of the feasibility of alternate energy sources for a rural and remote community or communities; ``(7) acquisition, construction, repair, reconstruction, operation, maintenance, or installation of facilities for water or waste water service; ``(8) the acquisition or disposition of real property (including air rights, water rights, and other interests therein) for eligible rural and remote community development activities; and ``(9) activities necessary to develop and implement a comprehensive rural and remote development plan, including payment of reasonable administrative costs related to planning and execution of rural and remote community development activities. ``(b) Eligible activities may be undertaken either directly by the rural and remote community, or by the rural and remote community through local electric utilities. ``allocation and distribution of funds ``Sec. 906. For each fiscal year, of the amount approved in an appropriation Act under section 903 for grants in any year, the Secretary shall distribute to each rural and remote community which has filed a final statement of rural and remote community development objectives and projected use of funds under section 904, an amount which shall be allocated among the rural and remote communities that filed a final statement of rural and remote community development objectives and projected use of funds under section 904 proportionate to the percentage that the average retail price per kilowatt hour of electricity for all classes of consumers in the rural and remote community exceeds the national average retail price per kilowatt hour for electricity for all consumers in the United States, as determined by data provided by the Department of Energy's Energy Information Administration. In allocating funds under this section, the Secretary shall give special consideration to those rural and remote communities that increase economies of scale through consolidation of services, affiliation and regionalization of eligible activities under this title. ``remedies for noncompliance ``Sec. 907. The provisions of section 111 of the Housing and Community Development Act of 1974 shall apply to assistance distributed under this title.''. TITLE III--RURAL AND REMOTE COMMUNITY ELECTRIFICATION GRANTS After section 313(b) of the Rural Electrification Act of 1936, add the following new subsection: ``(c) Rural and Remote Community Electrification Grants.--The Secretary is authorized to provide grants to eligible borrowers under this Act for the purpose of increasing energy efficiency, lowering or stabilizing electric rates to end users, or providing or modernizing electric facilities in rural and remote communities that have an average cost per kilowatt hour of electricity that is equal to or greater than 150% of the average retail price per kilowatt hour for all consumers in the United States, as determined by data provided by the Department of Energy's Energy Information Administration. ``(d) For purposes of subsection (c), there is authorized to be appropriated $20,000,000 for each of fiscal years 1999-2005.''.

TABLE OF CONTENTS: Title I: Short Title Title II: Rural and Remote Community Development Block Grants Title III: Rural and Remote Community Electrification Grants Title I: Short Title - Rural and Remote Community Fairness Act of 1998. Title II: Rural and Remote Community Development Block Grants - Amends the Housing and Community Act of 1974 to authorize (including appropriations) a rural and remote community development block grant program. Sets forth eligible program activities, including housing, water and waste water, and fuel and energy enhancements. Title III: Rural and Remote Community Electrification Grants - Amends the Rural Electrification Act of 1936 to authorize (including appropriations) rural and remote community electrification grants.

Rural and Remote Community Fairness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Screening and Medicaid Savings Act of 2007''. SEC. 2. IMPROVEMENT OF DIABETES SCREENING AND TREATMENT UNDER MEDICAID. (a) Diabetes Screening Tests for Adult Enrollees With Diabetes Risk Factors.--Section 1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended-- (1) in subsection (a)(4)-- (A) by striking ``and'' before ``(C)''; and (B) by inserting after the semicolon at the end the following ``and (D) diabetes screening tests (as defined in section 1861(yy)(1)) for an individual at risk for diabetes (as defined in subsection (y)) at such intervals as are consistent with the requirements of subparagraph (B), or in the case of an individual 21 years of age or older, standards established by the Secretary under section 1861(yy)(3);''; and (2) by adding at the end the following new subsection: ``(y) For purposes of subsection (a)(4)(D), the term `individual at risk for diabetes' means-- ``(1) an individual 45 years of age or older who is overweight, defined as a body mass index greater than 25 kg/ m\2\; and ``(2) an individual under 45 years of age who is overweight (as so defined) and who has any of the following risk factors for diabetes: ``(A) A first-degree relative with diabetes. ``(B) Hypertension. ``(C) Dyslipidemia. ``(D) Habitually inactive. ``(E) Member of a high risk ethnic population for diabetes, including a member of the following populations: ``(i) African American. ``(ii) Latino/Hispanic. ``(iii) American Indian. ``(iv) Alaskan Native. ``(v) Asian American. ``(vi) Pacific Islander. ``(F) Previous identification of an impaired fasting glucose or an impaired glucose tolerance. ``(G) A history of gestational diabetes mellitus or delivery of a baby weighing greater than 9 pounds. ``(H) Polycystic ovarian disease. ``(I) A history of vascular disease.''. (b) Comprehensive Package of Benefits for Individuals With Diabetes.-- (1) In general.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (69), by striking ``and'' at the end; (B) in paragraph (70)(B)(iv), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (70)(B)(iv), the following new paragraph: ``(71) provide that the medical assistance furnished to any individual who has been determined to be eligible for such assistance and diagnosed with diabetes shall include, in addition to any other items and services required to be furnished to the individual under this title, at least the following items and services as required by the individual's treating physician or healthcare provider: ``(A) The care and services listed in paragraphs (1), (2), (3), (4)(B), (4)(D), (5), (10), and (12) (without regard, in the case of prescribed drugs, to any limit imposed under the State plan on the number of prescriptions filled per month, but subject to any such limit imposed by the treating physician or healthcare provider) of section 1905(a). ``(B) Durable medical equipment (as defined in section 1861(n)) and other durable medical equipment covered under title XVIII through national coverage determinations, including insulin pumps and associated supplies. ``(C) Services related to pregnancy (including prenatal, delivery, and post partum services). ``(D) A yearly dilated eye exam by an eye care professional with appropriate follow-up care as medically needed. ``(E) Podiatric services. ``(F) Diabetes education, including diabetes outpatient self-management training services (as defined in section 1861(qq)). ``(G) Medical nutrition therapy services (as defined in section 1861(vv)(1)).''. (2) Prohibition on cost sharing.-- (A) In general.--Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended by adding at the end the following new subsection: ``(j) In the case of an individual who has been determined to be eligible for medical assistance and diagnosed with diabetes-- ``(1) no deduction, cost sharing, or similar charge shall be imposed for any item or service listed in subparagraph (A) through (G) of section 1902(a)(71) that is provided to the individual as a result of the individual's diagnosis with diabetes or complications related to such diagnosis; and ``(2) the State option to impose cost sharing under section 1916A shall not apply with respect to the provision of medical assistance to such individual for any item or service listed in subparagraph (A) through (G) of section 1902(a)(71) that is provided to the individual as a result of the individual's diagnosis with diabetes or complications related to such diagnosis.''. (B) Conforming amendment.--The second sentence of section 1916A(a)(1) of the Social Security Act (42 U.S.C. 1396o-1(a)(1)) is amended by striking ``section 1916(g)'' and inserting ``subsection (g) or (j) of section 1916''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section take effect on October 1, 2007. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

Diabetes Screening and Medicaid Savings Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act to require states to provide diabetes screening tests under the Medicaid program for adult enrollees with diabetes risk factors. Provides a comprehensive package for individuals with diabetes.

A bill to amend title XIX of the Social Security Act to require States to provide diabetes screening tests under the Medicaid program for adult enrollees with diabetes risk factors, to ensure that States offer a comprehensive package of benefits under that program for individuals with diabetes, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nuclear Threat Reduction Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Reduction in number of warheads in arsenals of United States and Russia. Sec. 4. Reduction in alert status of nuclear weapons of United States and Russia. Sec. 5. Acceleration of programs to prevent diversion of nuclear weapons, materials, and expertise from Russia. SEC. 2. PURPOSE. The purpose of this Act is to decrease substantially the likelihood of the intentional use of nuclear weapons, or their unintentional use as a result of accident, miscalculation, unauthorized action, or terrorist activity. SEC. 3. REDUCTION IN NUMBER OF WARHEADS IN ARSENALS OF UNITED STATES AND RUSSIA. (a) Repeal of Prohibition Against Reductions.--Section 1302 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) is repealed. (b) Statement of Policy.--It is the policy of the United States to reduce the number of nuclear warheads and nuclear weapons delivery systems of the United States and Russia, through bilateral agreements between the United States and Russia, to the lowest possible number consistent with the national security of the United States. Any bilateral agreement for purposes of that policy shall provide for transparency, predictability, and verification of the reductions. (c) Implementation of Reductions.--In effecting any reduction in the number of nuclear warheads of the United States, it shall be the policy of the United States-- (1) that such reductions be intended as permanent reductions in the United States nuclear weapons force, in keeping with the purposes and objectives of the Nuclear Nonproliferation Treaty; (2) that if the President makes unilateral reductions in the United States nuclear weapons force, such reductions should be intended to facilitate bilateral agreement with Russia, and the President should undertake diplomatic efforts to convince Russia to undertake parallel or commensurate reductions in its nuclear weapons force; and (3) that the President should (A) offer enhanced consultation and cooperation by the United States with Russia in making such reductions, and (B) pursue enhanced transparency and other confidence-building measures to ensure predictable and stable strategic relations between the two nations. (d) Policy Regarding Warheads Removed From Weapon Systems.--(1) It is the policy of the United States to ensure through formal agreements with Russia that any nuclear warhead removed from a weapon system by either nation as part of reductions in the number of warheads or systems pursuant to the policies in this Act-- (A) be kept safe and secure; (B) be accounted for; and (C) eventually be destroyed or eliminated in a manner that is verifiable by the other nation. (2) Any such formal agreement shall be entered into either through the agreement referred to in subsection (b) or other agreement between the United States and Russia. SEC. 4. REDUCTION IN ALERT STATUS OF NUCLEAR WEAPONS OF UNITED STATES AND RUSSIA. (a) Statement of Policy.--It is the policy of the United States to pursue with Russia formal arrangements to remove as many nuclear weapons of those two nations as possible from immediate, launch-ready (or ``high alert'') status, consistent with United States national security, beginning with those weapons earmarked for downloading, dismantlement, or elimination under the START II treaty. Such arrangements should seek to ensure that any change in the alert status of such weapons of either nation be transparent and verifiable. (b) Implementation of Reduction in Alert Status.--If the President makes unilateral changes to the alert status of weapons in the United States nuclear arsenal, such changes should-- (1) be consistent with the national security of the United States; and (2) be pursued as part of a broader United States effort to persuade Russia to enter into arrangements as called for in subsection (a). (c) Security and Verifiability.--Any formal arrangement that results from subsection (a) should include measures to ensure that-- (1) weapons, including their warheads, that are removed from high alert status are secure and accounted for throughout the process by which they are removed from that status; and (2) such accountability measures are verifiable by both nations. SEC. 5. ACCELERATION OF PROGRAMS TO PREVENT DIVERSION OF NUCLEAR WEAPONS, MATERIALS, AND EXPERTISE FROM RUSSIA. (a) Statement of Policy.--It is the policy of the United States to work cooperatively with Russia to prevent the diversion of nuclear weapons, materials, and expertise from Russia. In furtherance of that objective, the policy of the United States should include the following: (1) With respect to the nuclear weapons arsenal of Russia-- (A) ensuring that all the elements of that arsenal, including delivery systems, are identified and accounted for; (B) identifying with Russia those elements of that arsenal that are most susceptible to proliferation; and (C) ensuring that the weapons in that arsenal and their components are secured and safeguarded, placing the highest priority on safeguards for those weapons and components that are identified pursuant to subparagraph (B) as being those most susceptible to proliferation. (2) With respect to Russia's stockpile of nuclear weapons materials (other than materials in Russia's arsenal)-- (A) ensuring that all the elements of that stockpile are identified and accounted for; (B) identifying with Russia those elements of that stockpile that are most susceptible to proliferation; and (C) ensuring that the elements of that stockpile are secured and safeguarded, placing the highest priority on safeguards for those elements of that stockpile that are identified pursuant to subparagraph (B) as being those most susceptible to proliferation. (3) With respect to nuclear weapons expertise in Russia-- (A) identifying and accounting for the extent of that expertise in cities in Russia referred to as ``Nuclear Cities'' and elsewhere in Russia; (B) developing and pursuing programs that make productive use of that expertise inside Russia and help prevent the spread of that expertise outside of Russia; and (C) developing and pursuing initiatives to reduce the Russian nuclear production capacity to a size appropriate to its post-Cold War mission. (4) Rendering permanently unusable for weapons purposes all nuclear materials and weapons systems that Russia no longer requires to support its arsenal and forces. (b) Authorization of Appropriations.--To carry out activities under this Act, cooperative threat reduction programs of the Department of Defense under section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note), and other cooperative threat reduction, nonproliferation, and related programs, there are authorized to be appropriated for fiscal year 2002 amounts as follows: (1) For the Department of Defense $600,000,000. (2) For the Department of Energy $1,200,000,000. (3) For the Department of State, $200,000,000. (c) Plan for Nonproliferation Programs With Russia.-- (1) In general.--Not later than April 15, 2002, the President shall submit to Congress a plan-- (A) to secure and neutralize over the succeeding eight years all nuclear weapons and weapons-usable nuclear material in Russia that Russia does not retain in its nuclear arsenal; and (B) to prevent the outflow from Russia of scientific expertise that could be used for developing nuclear weapons or other weapons of mass destruction, including delivery systems. (2) Content of plan.--The plan required by subsection (a) shall include the following: (A) Specific goals and measurable objectives for the programs that are designed to carry out the objectives specified in subparagraphs (A) and (B) of paragraph (1). (B) Criteria for success for those programs and a strategy for eventual termination of United States contributions to those programs and assumption of the ongoing support of those programs by Russia. (C) A description of the administrative and organizational changes that the President plans to take, or will have taken, in order to achieve the direction and coordination of those programs that is necessary for their effectiveness. (3) Coordination with russia.--In developing the plan required by paragraph (1), the President shall coordinate with Russia to ensure that elements of the plan are practicable. (4) Consultation with congress.--In developing the plan required by paragraph (1), the President shall consult with the majority and minority leadership of the appropriate committees of Congress. (d) Report on Debt-for-Security Program.-- (1) Study.--The President shall conduct a study of the feasibility of creating a new source of funds for nuclear nonproliferation programs in Russia through establishment of a program providing for the forgiveness of international debt of Russia in exchange for payments by Russia into an independent fund that, under strict conditions, would support the implementation of agreed-upon nuclear nonproliferation programs. (2) Consultation.--In the conduct of the study under paragraph (1), the President shall consult with appropriate representatives of Russia and other nations whose participation in such a program the President determines to be necessary or desirable. (3) Report on presidential determinations.--Not later than April 15, 2002, the President shall submit to Congress a report on the study required by paragraph (1). The report shall include the President's determinations, together with supporting facts and reasoning, as to each of the following: (A) The prospects for the participation of creditor nations in addition to the United States in the program of debt forgiveness. (B) The extent to which payments by Russia into a fund described in paragraph (1) should be made in Russian currency. (C) The appropriate ratio between the amount of such payments and the amount of debt forgiven. (D) The purposes for which amounts in the fund should be permitted to be expended. (E) The means for assuring that those amounts are expended for those purposes. (F) The feasibility of establishing such a program. (4) Legislative proposal.--The report under paragraph (3) shall include a legislative proposal for implementing any program that the President recommends based on the determinations under that paragraph.

Nuclear Threat Reduction Act of 2001 - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which provides funding limits for retirement or dismantlement of the B52H bomber, Trident submarines, and Minuteman III and Peacekeeper intercontinental ballistic missiles. Declares it to be U.S. policy to: (1) reduce the number of nuclear warheads and delivery systems of the United States and Russia, through bilateral agreements, to the lowest possible number consistent with national security, requiring any warhead removed to be kept safe and secure, accounted for, and eventually destroyed or eliminated in a verifiable manner; (2) pursue with Russia formal arrangements to remove as many nuclear weapons of the two nations as possible from immediate, launch-ready status, beginning with those weapons earmarked for downloading, dismantlement, or elimination under the START II Treaty; and (3) work cooperatively with Russia to prevent the diversion from Russia of nuclear weapons, materials, and expertise.Requires the President to submit to Congress a plan for nonproliferation programs with Russia, as well as a related study.

A bill to establish the policy of the United States for reducing the number of nuclear warheads in the United States and Russian arsenals, for reducing the number of nuclear weapons of those two nations that are on high alert, and for expanding and accelerating programs to prevent diversion and proliferation of Russian nuclear weapons, fissile materials, and nuclear expertise.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Compensation for American Victims of Torture Act of 2009''. SEC. 2. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM. (a) Findings.--The Congress finds the following: (1) During the Gulf War against Iraq in 1991, Americans serving in the United States Armed Forces were captured, became Prisoners of War (POWs), and were subsequently tortured, beaten, starved, hooked to electrical shock devices, and subjected to other horrendous acts by Saddam Hussein's regime. (2) CBS News reporter Bob Simon and cameraman Roberto Alvarez were kidnapped while on assignment during the 1991 Gulf War and were held and tortured, along with the American POWs. (3) Following the Iraqi invasion of Kuwait in August 1990, many United States citizens were detained by Iraq, beaten, subjected to cruel, inhumane and degrading treatment, confined under deplorable conditions, and used as ``human shields'' for the avowed purpose of preventing the United States and its coalition allies from using military force to liberate Kuwait. (4) At the time these acts occurred, the Department of State had classified Iraq as a state sponsor of terrorism. (5) The brave American POWs and American civilian hostages have suffered long-term physical, emotional, and mental damage as a result of this brutal, state-sponsored torture and terrorism. (6) When the American POWs returned home after the Gulf War ended, they were given a hero's welcome by then Secretary of Defense Dick Cheney, who told them, ``Your country is opening its arms to greet you''. (7) During the 1991 Gulf War, the Congress unanimously passed resolutions condemning the brutal treatment by the Government of Iraq of captured United States service members, demanding that the Government of Iraq abide by the Geneva Convention regarding the treatment of prisoners of war, and stating an intention to hold Iraq accountable for the torture of American POWs. (8) In 1996, Congress passed an amendment to the Foreign Sovereign Immunities Act (FSIA) provisions of title 28, United States Code, so that torture victims like the American POWs and the American ``human shield'' victims from the Gulf War could seek compensation for their injuries from terrorist countries, including Iraq. (9) On April 4, 2002, 17 Gulf War POWs and their families filed claims in the United States District Court for the District of Columbia seeking compensation for damages related to their torture and abuse by the Government of Iraq. The POWs included Colonel Clifford Acree, USMC (Ret.); Lieutenant Colonel Craig Berryman, USMC (Ret.); Former Staff Sergeant Troy Dunlap, U.S. Army; Colonel David Eberly, USAF (Ret.); Lieutenant Colonel Jeffrey D. Fox, USAF (Ret.); Chief Warrant Officer 5 Guy Hunter, USMC (Ret.); Sergeant David Lockett, U.S. Army; Colonel H. Michael Roberts, USAF; Colonel Russell Sanborn, USMC; Captain Lawrence Randolph Slade, USN (Ret.); Major Joseph Small, USMC (Ret.); Staff Sergeant Daniel Stamaris, U.S. Army (Ret.); Lieutenant Colonel Richard Dale Storr, Air National Guard; Lieutenant Colonel Robert Sweet, USAF; Lieutenant Colonel Jeffrey Tice, USAF (Ret.); Former Lieutenant Robert Wetzel, USN; and Former Commander Jeffrey Zaun, USN. (10) In 2003, after the Government of Iraq repeatedly refused to participate in arbitration on the damage claims, and after hearing evidence of how the former POWs had been repeatedly tortured, a judge awarded them a judgment for damages, stating that ``deterring torture of POWs should be of the highest priority''. (11) Despite this ruling, the POWs and their families have not received payment, and are unable to further pursue their claims in United States courts because of the waiver that was granted for Iraq by the President under authority established in the National Defense Authorization Act for Fiscal Year 2008. (12) In December 2001, after conducting an evidentiary hearing, the United States district court held, in Hill v. Republic of Iraq, that Iraq was liable for having taken United States citizens hostage following the Iraqi invasion of Kuwait and subsequently awarded 180 of those former hostages and their spouses a judgment for damages. (13) On March 20, 2003, on the eve of Operation Iraqi Freedom, the President of the United States directed that all of the judgments that had been awarded in Hill v. Republic of Iraq be paid from moneys held in blocked Iraqi accounts. (14) On that same date, the President issued an Executive order confiscating all remaining blocked assets of Iraq and ordering them to be deposited into the United States Treasury to be used for Iraq reconstruction. (15) The claims of more than 200 United States citizens who, at the same time and in the same manner as the Hill plaintiffs, were held hostage in territory occupied by Iraq are currently pending in a United States district court in the case of Vine v. Republic of Iraq. (16) The plaintiffs in Vine v. Republic of Iraq have not been compensated and are unable to enforce any judgment they may obtain in United States courts because of the waiver that was granted for Iraq by the President under authority established in the National Defense Authorization Act for Fiscal Year 2008. (17) Article 131 of the Third Geneva Convention relative to the Treatment of Prisoners of War (August 12, 1949) prohibits the United States as a party to that treaty from absolving the Government of Iraq of any liability incurred due to the torture of prisoners of war, such as the American POWs referred to in this section. (18) The United States has a moral obligation to protect its past, present, and future members of its Armed Forces, and all United States citizens, from torture and hostage-taking, and the Congress is committed to holding state sponsors of terrorism accountable for such horrendous acts. (b) Resolution of Certain Claims Against Iraq.-- (1) Adequate settlement of certain cases.--Unless the claims in the cases referred to in paragraph (2) have been adequately settled before the end of the 30-day period beginning on the date of the enactment of this Act, then, upon the expiration of that 30-day period, the waiver authority granted to the President in section 1083(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110- 181; 122 Stat. 343), and any waiver granted before the end of that 30-day period under such authority, shall terminate. (2) Cases.--The cases referred to in paragraph (1) are cases numbered 99:00CV03346 (TPJ), 1:01CV02674 (HHK), CIV.A. 02-632 (RWR) (July 7, 2003), 1:03CV00691 (HHK), 1:03CV00888 (HHK), and No. 03-0215 (JDB), in the United States District Court for the District of Columbia. (3) Adequate settlement.--For purposes of paragraph (1), adequate settlement means payment by the Government of Iraq, or payment by a United States depository institution pursuant to an unqualified and unconditional guarantee made by such depository institution, of at least the following amounts to the following persons: (A) To any person-- (i) whose claim in the applicable case referred to in paragraph (2) arose from an act of hostage taking or from being held in hostage status, and (ii) who has not obtained a judgment on the claim before the date of the enactment of this Act, $150,000, plus $6,000 for each day the person was held as a hostage, but in no event more than $900,000. (B) To any person-- (i) whose claim in the applicable case referred to in paragraph (2) arose from an act of hostage taking or from being held in hostage status, (ii) who, while a hostage, was subjected to torture, and (iii) who has not obtained a judgment on the claim before the date of the enactment of this Act, $2,500,000, plus $6,000 for each day the person was held as a hostage. (C) To a plaintiff in the applicable case referred to in paragraph (2) who is the spouse or was at the time the claims arose, or child of any person who qualifies for receipt of payment under paragraph (1) or (2), one-third of the amount that such person qualifies for receipt under such paragraph. (D) To any person who, before the date of the enactment of this Act, obtained a judgment for compensatory damages in a case referred to in paragraph (2) (regardless of whether such judgment was subsequently vacated)-- (i) payment of the unsatisfied amount of such judgment, in an amount that is the lesser of $1,000,000 or the unsatisfied amount of the award; and (ii) if the amount of the judgment exceeds $1,000,000, one-third of the unsatisfied amount of such excess. (4) Definitions.--In this section: (A) Hostage.--The term ``hostage'' means an individual in hostage status or an individual seized or detained in the commission of an act of hostage taking. (B) Hostage status.--The term ``hostage status'' has the meaning given that term in section 599C(d)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513). (C) Hostage taking.--The term ``hostage taking'' has the meaning given that term in section 1605A(h)(2) of title 28, United States Code. (D) Person.--The term ``person'' includes the legal representative of a claimant's estate. (E) Torture.--The term ``torture'' has the meaning given that term in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note). (F) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (G) United states depository institution.--The term ``United States depository institution'' means a depository institution organized under the laws of any State, the District of Columbia, or the United States, including a branch or agency of a foreign depository institution. (c) Additional Provisions.-- (1) Construction of appropriations act provision.--Section 1503 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 579), and any exercise of authority by the President pursuant to such section 1503, was never intended to and did not provide for the removal of jurisdiction over cases brought under section 1605(a)(7) of title 28, United States Code. (2) Construction of ndaa provision.--Section 1083(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 343), and any waiver exercised by the President pursuant to such section 1083(d), was never intended to and did not provide for the removal of jurisdiction over cases brought under section 1605(a)(7) of title 28, United States Code. (3) Applicability of ndaa provision.--Notwithstanding any other provision of law, section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 342) shall apply, beginning on the date of the enactment of this Act, to the cases referred to in subsection (b)(2) of this section, notwithstanding any waiver of that provision with respect to Iraq.

Equitable Compensation for American Victims of Torture Act of 2009 - Terminates the authority of the President to grant the government of Iraq immunity from actions by victims of terrorism seeking compensation for injuries caused by officials, employees, or agents of the government of Iraq during the 1991 Gulf War when such government was classified as a state sponsor of terrorism, unless the claims in specified cases of U.S. soldiers and civilians held in Iraq as POWs and hostages and subject to state-sponsored torture and terrorism have been adequately settled. Defines various adequate settlement amounts, depending on the victim, length of torture or detainment, etc.

To provide for the settlement of certain claims against Iraq by victims of torture and terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Optimal Use of Trade to Develop Outerwear and Outdoor Recreation Act'' or the ``U.S. OUTDOOR Act''. SEC. 2. ELIMINATION OF DUTIES ON RECREATIONAL PERFORMANCE OUTERWEAR. (a) In General.--Each subheading of the Harmonized Tariff Schedule of the United States specified in subsection (b) is amended-- (1) by striking the matter in the column one general rate of duty column and inserting ``Free''; and (2) by striking the matter in the column one special rate of duty column. (b) Subheadings Specified.--The subheadings of the Harmonized Tariff Schedule of the United States specified in this subsection are the following: 6201.91.03............................ 6203.41.03................... 6204.69.02 6201.91.05............................ 6203.41.06................... 6204.69.03 6201.92.05............................ 6203.41.08................... 6204.69.04 6201.92.17............................ 6203.42.05................... 6204.69.05 6201.92.19............................ 6203.42.07................... 6204.69.06 6201.93.15............................ 6203.43.03................... 6210.40.15 6201.93.18............................ 6203.43.05................... 6210.40.25 6201.93.45............................ 6203.43.09................... 6210.40.28 6201.93.47............................ 6203.43.11................... 6210.40.29 6201.93.49............................ 6203.43.13................... 6210.50.03 6201.99.15............................ 6203.49.01................... 6210.50.05 6202.91.03............................ 6203.49.05................... 6210.50.12 6202.91.15............................ 6203.49.09................... 6210.50.22 6202.92.03............................ 6204.61.05................... 6211.32.50 6202.92.05............................ 6204.61.15................... 6211.33.50 6202.92.12............................ 6204.62.05................... 6211.39.03 6202.93.01............................ 6204.62.15................... 6211.39.07 6202.93.03............................ 6204.63.02................... 6211.39.15 6202.93.05............................ 6204.63.03................... 6211.42.05 6202.93.07............................ 6204.63.08................... 6211.43.05 6202.93.09............................ 6204.63.09................... 6211.49.03 6202.99.15............................ 6204.63.11................... 6211.49.15 6203.41.01............................ 6204.69.01................... 6211.49.25. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 15 days after the date of the enactment of this Act. SEC. 3. SUSTAINABLE TEXTILE AND APPAREL RESEARCH FUND. (a) Establishment.--There is established in the Treasury of the United States the Sustainable Textile and Apparel Research Fund (in this section referred to as the ``STAR Fund''). (b) Deposits.--There shall be deposited into the STAR Fund amounts equal to the fees collected on recreational performance outerwear under subsection (d). (c) Board of Directors.-- (1) In general.--The STAR Fund shall be administered by a board of directors (in this section referred to as the ``Board'') composed of 5 individuals familiar with the recreational performance outerwear textile and apparel industry, including the production of raw materials and the finished products thereof, who shall be appointed by the President. (2) Members.-- (A) Fabric or raw material production representatives.--Not fewer than 2 of the individuals appointed to the Board under paragraph (1) shall be representatives of entities involved in the production of fabrics or raw materials for use in recreational performance outerwear in the United States. (B) Recreational performance outerwear production representatives.--Not fewer than 2 of the individuals appointed to the Board under paragraph (1) shall be representatives of entities involved in the production of recreational performance outerwear that pay the fees imposed on the importation of such outerwear under subsection (d). (3) Ineligible individuals.--The President may not appoint individuals to the Board under paragraph (1) who are representatives of entities not involved in the production of recreational performance outerwear, such as customs brokers, converters, forwarders, or shippers. (d) Funding.-- (1) Fee.--In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect upon entry, or withdrawal from warehouse for consumption, a fee of 1.5 percent of the appraised value of imported garments (as determined under section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a)) that are classifiable under the Harmonized Tariff Schedule of the United States as recreational performance outerwear (as defined in Additional U.S. Note 3 to chapter 62 of such Schedule). (2) Exclusions.--The assessment of fees under paragraph (1) shall not apply to imports of recreational performance outerwear from the following: (A) Any country that is party to a free trade agreement with the United States that-- (i) is in effect on the day before the date of the enactment of this Act; or (ii) enters into force under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.), or similar subsequent authority. (B) Any country designated as a CBTPA beneficiary country under section 213(b)(5)(B) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)). (C) Any country designated as a beneficiary sub- Saharan African country under section 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)), if the President has determined that the country has satisfied the requirements of section 113(a) of the African Growth and Opportunity Act (19 U.S.C. 3722(a)), and has published that determination in the Federal Register. (3) Termination.--The fee under paragraph (1) shall apply only to entries, or withdrawals from warehouse for consumption, that are made during the 10-year period beginning on the date of the enactment of this Act. (e) Distribution.-- (1) Quarterly distributions.--The Secretary of Commerce, upon a majority vote of the Board, taken annually, shall, not later than 60 days after the end of each calendar quarter, distribute amounts in the STAR Fund to one or more entities that the Board considers appropriate to use the funds in accordance with subsection (f). (2) Eligibility requirements.--An entity may receive funds under paragraph (1) only if the entity-- (A) is an organization described in section 501(c)(6) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of such Code; (B) is an organization having at least 10 years of experience providing applied research, technology development, and education to all parts of the textile and apparel supply chain, with a research capability demonstrated through past research programs involving supply chain management, product development, fit specifications, operations management, lean manufacturing, or digital supply chain technologies on behalf of the textile and sewn products industries in the United States; and (C) is comprised of members representing the following segments of the supply chain: (i) One or more of the following types of producers: fiber, yarn, or fabric producers in the United States. (ii) Apparel producers in the United States. (iii) Retail companies in the United States. (f) Use of Funds.--Funds distributed under subsection (e) may be used only to conduct applied research, development, and education activities to enhance the competitiveness of businesses in the United States in clean, eco-friendly apparel, other textile and apparel articles, and sewn-product design and manufacturing. (g) Requirements.--The Secretary of Commerce may impose such requirements on the use of funds distributed under subsection (e) as the Secretary considers necessary to ensure compliance with subsection (f), including requiring reporting and assurances by the entities using the funds. (h) Reports to Congress.--The Secretary of Commerce shall submit to Congress a report, not later than April 1 of each year, explaining in detail how amounts in the STAR Fund were distributed under subsection (e) and used under subsection (f) during the preceding calendar year.

United States Optimal Use of Trade to Develop Outerwear and Outdoor Recreation Act or the U.S. OUTDOOR Act This bill amends the Harmonized Tariff Schedule of the United States to provide for the duty-free treatment of certain recreational performance outerwear. The bill establishes the Sustainable Textile and Apparel Research Fund (STAR Fund). The Department of the Treasury must impose and collect, with specified exceptions, a fee of 1.5% of the appraised value of imported recreational performance outerwear and to deposit amounts collected into the STAR Fund. The Department of Commerce must make quarterly distributions from the STAR Fund to one or more appropriate organizations to conduct applied research, development, and education activities to enhance the competitiveness of U.S. businesses in clean, eco-friendly apparel, other textile and apparel products, and sewn-product design and manufacturing.

United States Optimal Use of Trade to Develop Outerwear and Outdoor Recreation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financing Advanced and Superconducting Transmission Act of 2009''. SEC. 2. 5-YEAR DEPRECIATION FOR ADVANCED ELECTRIC TRANSMISSION PROPERTY. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (defining 5-year property) is amended by striking ``and'' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting ``, and'', and by inserting after clause (vii) the following new clause: ``(viii) is qualified advanced electric transmission property (as described in section 48(c)(6)) which is placed in service before January 1, 2017''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. INVESTMENT TAX CREDIT FOR HIGH EFFICIENCY TRANSMISSION PROPERTY AND ADVANCED ELECTRIC TRANSMISSION PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (vi) and by inserting after clause (vii) the following new clauses: ``(viii) qualified high efficiency transmission property, or ``(ix) qualified advanced electric transmission property,''. (b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following: ``(V) qualified advanced electric transmission property, and''. (c) Definitions.--Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraphs: ``(5) Qualified high efficiency transmission property.-- ``(A) In general.--The term `qualified high efficiency transmission property' means any high voltage overhead electric transmission line, related substation, or other integrated facility that-- ``(i) utilizes advanced conductor core technology that has been determined by the Secretary of Energy as-- ``(I) reasonably likely to become commercially viable within ten (10) years of the date of enactment of the Financing Advanced and Superconducting Transmission Act of 2009, ``(II) is suitable for use on transmission lines up to 765kV, and ``(III) exhibits power losses at least 30 percent lower than that of transmission lines using conventional `ACSR' conductors, ``(ii) has been determined by an appropriate energy regulatory body, upon application, to be in the public interest and thereby eligible for inclusion in regulated rates, and ``(iii) can be located safely and economically in a right of way not to exceed that used by conventional `ACSR' conductors. ``(B) Termination.--The term `qualified high efficiency transmission property' shall not include any property placed in service after December 31, 2016. ``(6) Qualified advanced electric transmission property.-- ``(A) In general.--The term `qualified advanced electric transmission property' means any high voltage electric transmission cable, related substation, converter station, or other integrated facility that-- ``(i) utilizes advanced ultra low resistance superconductive material or other advanced technology that has been determined by the Secretary of Energy as-- ``(I) reasonably likely to become commercially viable within 10 years after the date of enactment of the Financing Advanced and Superconducting Transmission Act of 2009, ``(II) capable of reliably transmitting at least 5 gigawatts of high-voltage electric energy for distances greater than 300 miles with energy losses not exceeding 3 percent of the total power transported, and ``(III) not creating an electromagnetic field, ``(ii) has been determined by an appropriate energy regulatory body, upon application, to be in the public interest and thereby eligible for inclusion in regulated rates, and ``(iii) can be located safely and economically in a permanent underground right of way not to exceed 25 feet in width. ``(B) Energy percentage.--In the case of any qualified advanced electric transmission property placed in service before January 1, 2015, with a length of not less than 150 miles, subsection (a)(2)(A)(i) shall be applied by substituting `50 percent' for `30 percent'. ``(C) Termination.--The term `qualified advanced electric transmission property' shall not include any property placed in service after December 31, 2016.''. (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Financing Advanced and Superconducting Transmission Act of 2009 - Amends the Internal Revenue Code to allow: (1) accelerated depreciation of qualified advanced electric transmission property placed in service before January 1, 2017; and (2) an energy tax credit for investment in qualified high efficiency transmission property or qualified advanced electric transmission property.

To amend the Internal Revenue Code of 1986 to encourage investment in electric transmission technologies that improve the efficiency of power delivery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Improvements Revitalize the Economy Act of 2009'' or the ``HIRE Act of 2009''. SEC. 2. FINDINGS. The Congress finds that-- (1) the home furnishing and building products market lost $67 billion in direct economic value from 2007 to 2008, (2) it is expected to lose another $74 billion from 2008 to 2009, (3) 273,000 American jobs were lost in 2008 in this sector and 299,000 jobs are expected to be lost in the sector in 2009, and (4) temporary, timely, and targeted efforts are necessary to save and create jobs in this sector. SEC. 3. DEDUCTION FOR PURCHASES OF PERSONAL USE BUILDING PRODUCTS AND HOME FURNISHINGS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. BUILDING PRODUCTS AND HOME FURNISHINGS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the cost paid or incurred during the taxable year by the taxpayer for qualified building products and home furnishings. ``(b) Maximum Deduction.-- ``(1) In general.--The amount allowable as a deduction under subsection (a) to the taxpayer for any taxable year shall not exceed $2,000 in the case of a joint return ($1,000 in any other case). ``(2) Doubling of limitation for products meeting environmental standards.-- ``(A) In general.--In the case of qualified building products and home furnishings which meet recognized environmental standards, the dollar limitation otherwise applicable under paragraph (1) shall be increased by the lesser of-- ``(i) such limitation, or ``(ii) the cost of qualified building products and home furnishings paid or incurred by the taxpayer during the taxable year for property meeting such standards. ``(B) Recognized environmental standards.--For purposes of subparagraph (A), the term `recognized environmental standards' means-- ``(i) LEED, Green Globes, and Energy Star standards, and ``(ii) any other widely recognized (or third-party verified) national or industry environmental standards having a positive life cycle analysis. ``(c) Adjusted Gross Income Limitation.-- ``(1) In general.--The dollar limitation applicable under subsection (b) shall be reduced (but not below zero) by the amount which bears the same ratio to such limitation as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) the applicable limitation, bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(2) Applicable limitation.--For purposes of paragraph (1), the applicable limitation is-- ``(A) $300,000 in the case of a joint return, and ``(B) $150,000 in any other case. ``(3) Modified adjusted gross income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 199, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, 221, 222, and 469. ``(4) Rounding.--Any amount determined under this subsection which is not a multiple of $10 shall be rounded to the next lowest $10. ``(d) Qualified Building Products and Home Furnishings.--For purposes of this section-- ``(1) In general.--The term `qualified building products and home furnishings' means-- ``(A) any building product which is installed or applied (within 6 months after being purchased by the taxpayer) in or on a dwelling unit located in the United States and owned and used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121), and ``(B) any tangible personal property which is used to furnish such dwelling unit, but only if the original use of such product or property begins with the taxpayer. ``(2) Exceptions.--Such term shall not include-- ``(A) home electronics, including televisions, radios, entertainment systems, and computers, ``(B) home appliances, including refrigerators, ovens, dishwashers, clothes washers and dryers, ``(C) housewares, ``(D) artwork, photographs, and other home decorations, and ``(E) property for which depreciation (or amortization in lieu of depreciation) is allowable. ``(e) Cost.--The cost of property taken into account under this section shall include labor costs properly allocable to the onsite preparation, assembly, application, or original installation of the property. ``(f) Termination.--This section shall not apply to amounts paid or incurred after December 31, 2011.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by adding at the end the following new paragraph: ``(22) Purchases of building products and home furnishings.--The deduction allowed by section 224.''. (c) Conforming Amendments.-- (1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 199(d)(2)(A), 219(g)(3)(A)(ii), and 221(b)(2)(C)(i) of such Code are each amended by inserting ``224,'' after ``222,''. (2) Section 222(b)(2)(C) of such Code is amended by striking ``and 933'' and inserting ``933, and 224''. (3) Section 469(i)(3)(F)(iii) of such Code is amended by striking ``and 222'' and inserting ``222, and 224''. (4) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Building products and home furnishings. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. CREDIT FOR PURCHASES OF PERSONAL USE BUILDING PRODUCTS AND HOME FURNISHINGS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. BUILDING PRODUCTS AND HOME FURNISHINGS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the cost paid or incurred during the taxable year by the taxpayer for qualified building products and home furnishings. ``(b) Maximum Credit.-- ``(1) In general.--The amount of credit allowed under this section for the taxable year shall not exceed $500 in the case of a joint return ($250 in any other case). ``(2) Doubling of limitation for products meeting environmental standards.--A rule similar to the rule of section 224(b)(2) shall apply for purposes of paragraph (1). ``(c) Adjusted Gross Income Limitation.--The dollar limitation under subsection (b) shall be reduced as provided in section 224(c); except that, for purposes of this section, the term `modified adjusted gross income' means adjusted gross income determined without regard to sections 911, 931, and 933. ``(d) Qualified Building Products and Home Furnishings.--For purposes of this section, the term `qualified business products and home furnishings' has the meaning given to such term by section 224(d). ``(e) Coordination With Deduction.--No credit shall be allowed under this section for the taxable year to any taxpayer who claims a deduction under section 224 for such year. ``(f) Cost.--The cost of property taken into account under this section shall include labor costs properly allocable to the onsite preparation, assembly, application, or original installation of the property. ``(g) Termination.--This section shall not apply to amounts paid or incurred after December 31, 2011.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by adding at the end the following new item: ``Sec. 25E. Building products and home furnishings.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. REFUNDABLE CREDIT FOR PURCHASES OF BUILDING PRODUCTS AND FURNISHINGS FOR RESALE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45R. PURCHASES OF BUILDING PRODUCTS AND HOME FURNISHINGS FOR RESALE. ``(a) In General.--For purposes of section 38, the building products and home furnishings for resale credit determined under this section for the taxable year is an amount equal to 10 percent of the cost paid or incurred by the taxpayer during the taxable year for qualified buildings products and home furnishings purchased by the taxpayer for resale to customers. ``(b) Maximum Credit.--The amount of credit allowable under this section to the taxpayer for any taxable year shall not exceed $10,000. ``(c) Qualified Building Products and Home Furnishings.--For purposes of this section-- ``(1) In general.--The term `qualified building products and home furnishings' means any tangible personal property of a type-- ``(A) used to construct, repair, or improve a personal residence, or ``(B) used primarily within a personal residence. ``(2) Exception.--Such term shall not include property described in subparagraph (A), (B), (C), or (D) of section 224(d)(2). ``(d) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as 1 taxpayer, and the dollar limitation in subsection (b) shall be allocated among such persons in such manner as the Secretary shall prescribe. ``(e) Termination.--This section shall not apply to amounts paid or incurred after December 31, 2011.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the building products and home furnishings for resale credit determined under section 45R(a).''. (c) Credit To Be Refundable.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for credit for building products and home furnishings for resale.--In the case of the credit determined under section 45R-- ``(A) this section and section 39 shall be applied separately with respect to such credit, ``(B) in applying paragraph (1) to such credit-- ``(i) the tentative minimum tax shall be treated as being zero, and ``(ii) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the credit determined under section 45R), and ``(iii) the amount of the credit determined under section 45R in excess of the limitation under paragraph (1) (as modified by subclause (II)) shall be treated as a credit under subpart C.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Purchases of building products and home furnishings for resale.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2008.

Home Improvements Revitalize the Economy Act of 2009 or the HIRE Act of 2009 - Amends the Internal Revenue Code to allow: (1) an income-based tax deduction (up to $2,000) for the purchase of residential building products and furnishings (up to $4,000 for products and furnishings that meet specified environmental standards); (2) a tax credit for 20% (up to $500) of the purchase price of residential building products and furnishings; and (3) a general business tax credit for the purchase of residential building products and furnishings for resale to customers. Terminates such deduction and credits after 2011.

To amend the Internal Revenue Code of 1986 to encourage individuals to purchase building products and home furnishings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century American Service Act''. SEC. 2. FINDINGS AND PURPOSE. Section 2 of the National and Community Service Act of 1990 (42 U.S.C. 12501) is amended-- (1) in subsection (a), by adding at the end the following: ``(7) The number of Americans applying to participate in national service programs each year significantly exceeds the number of available positions, depriving hundreds of thousands of Americans from participating in national and community service, which unintentionally transforms national service programs into exclusive and selective entities and prevents national service from serving as an inclusive, unifying activity open to all Americans.''; and (2) in subsection (b)(6), by inserting ``so that all young Americans between ages 18 and 30 are provided a voluntary opportunity to serve in organizations'' after ``national service programs''. SEC. 3. EXCLUSION FROM GROSS INCOME OF AMERICORPS EDUCATIONAL AWARDS. (a) In General.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) AmeriCorps Educational Awards.--Gross income shall not include any national service educational award described in subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE DEFINED. In this Act, the terms ``Corporation'' and the ``Corporation for National and Community Service'' have the meaning given the term ``Corporation'' in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). SEC. 5. 21ST CENTURY NATIONAL SERVICE PROGRAM. (a) Establishment.--There is established a task force within the Corporation for National and Community Service to be known as the ``21st Century National Service Program Implementing Taskforce'' (in this Act referred to as the ``Task force''). (b) Duties of the Task Force.-- (1) Program.-- (A) In general.--The Task force shall develop the 21st Century National Service Program to ensure that each eligible individual who applies to serve in a voluntary national service program will be provided an opportunity to serve in such program. (B) Requirements.--In developing the 21st Century National Service Program described in subparagraph (A), the Task force shall carry out the following: (i) Notification.--Determine how the Corporation for National and Community Service will work with Federal or State agencies and other entities to-- (I) contact each eligible individual upon such individual's 18th birthday to notify the individual about-- (aa) the individual's eligibility for national service programs; (bb) such national service programs and how to register for a specific program; (cc) other service programs for which the individual may be eligible, including the Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et seq.)) and military service; and (dd) the individual's option to opt-out of receiving any notifications, or just notifications in a paper format, under subclause (II); and (II) after contacting an eligible individual under subclause (I), notify the eligible individual every 2 years thereafter of the information described in items (aa) through (dd) of subclause (I), unless-- (aa) the individual is serving in a national service program; (bb) the individual has opted out of receiving such notifications under subclause (I)(cc); or (cc) the individual reaches 30 years of age. (ii) Registration.--Determine how the Corporation will enable eligible individuals to register for a specific national service program for not less than 1 year of service, and ensure that such registration process is the most effective process for the purpose of registering for such a program. (2) Strategic plan.--The Task force shall-- (A) develop a 10-year strategic implementation plan to fully implement the 21st Century National Service Program described in paragraph (1)(A), including concrete timelines and milestones for an effective and phased implementation (which shall include beginning the notification under paragraph (1)(B)(i) not later than 1 year after the date of enactment of this Act, to the greatest extent practicable); and (B) publish on the website of the Corporation the information described in subparagraph (A). (3) Task forces.--The Task force shall carry out the following sub-task forces to assist in developing the program described in paragraph (1)(A): (A) A sub-task force headed by the Chairperson of the Task force on expanding national service opportunities to ensure that any individual who applies to serve is guaranteed an opportunity to do so. (B) A sub-task force headed by the Director of the Selective Service System on notifying eligible individuals. (C) A sub-task force headed by the Secretary of Education on expanding bridge-year service learning programs. (D) A sub-task force headed by the Secretary of Defense on transitioning servicemembers to civilian life through national service. (E) A sub-task force headed by the Director of the Peace Corps on integrating international service opportunities. (c) Membership.-- (1) In general.--The Task force shall be composed of the following members: (A) The Secretary of Education (or the Secretary's designee). (B) The Director of the Selective Service System (or the Director's designee). (C) The Director of the Peace Corps (or the Director's designee). (D) The Secretary of Defense (or the Secretary's designee). (2) Chairperson.--The Chairperson of the Task force shall be the Chief Executive Officer of the Corporation for National and Community Service. (3) Staff.--With the approval of the Task force, the Chairperson may appoint additional personnel (who may be from public or private sectors) as the Chairperson considers appropriate. (d) Termination.--The Task force shall terminate 10 years after the date of enactment of this Act. (e) Definitions.--For purposes of this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who-- (A) is a citizen, national of the United States, or a lawful permanent resident aliens of the United States; and (B) is between the ages of 18 and 30, inclusive. (2) National service program.--The term ``national service program'' is a voluntary civilian national service program authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). SEC. 6. NATIONAL SERVICE COLLEGE COMPACT PILOT PROGRAM. (a) Establishment.--The Corporation for National and Community Service shall establish a national service college compact-- (1) with not fewer than 2 States, not later than 2 years after the date of enactment of this Act; and (2) with not fewer than 5 States, not later than 5 years after such date of enactment. (b) Contents of Compact.--A national service compact is an agreement between the Corporation and a State under which-- (1) eligible individuals who desire to attend a public institution of higher education in the State will be able to use an educational award under subsection (d) to attend a 2- or 4-year program of instruction, or a career or technical education program, at such a public institution of higher education, at no additional charge to the individuals; and (2) the Corporation and the State determine the timeframe by which eligible individuals shall successfully complete the activities under paragraphs (1) and (2) of subsection (c) in order to qualify to use an educational award in accordance with paragraph (1) of this subsection, and avoid repayment of such educational award or other penalties. (c) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means an individual described in section 146(a) of the National and Community Service Act (42 U.S.C. 12602(a)) who, as a condition of receiving an educational award under subsection (d)-- (1) successfully completes, or agrees to complete, two required terms of full-time national service in an approved national service position for purposes of eligibility for two educational awards under section 147(a) of such Act (42 U.S.C. 12603(a)); and (2) successfully completes, or agrees to complete, not less than one calendar year of employment with a Federal, State, or local government entity, or a nonprofit organization. (d) Increased Educational Awards.-- (1) In general.--To receive an educational award under this section, an eligible individual shall be selected by the Corporation and a State with which the Corporation has a national service compact under this section to receive such award for the purpose of attending a public institution of higher education in the State in accordance with the terms of the compact. (2) Calculation.--An eligible individual selected under paragraph (1) shall receive an educational award under this section that is equal to the total value of the educational service awards under section 147(a) of the National and Community Service Act (42 U.S.C. 12603(a)) that the individual is eligible to receive for the two successfully completed (or agreed to be completed) terms of full-time national service, as described in subsection (c)(1) of this section, except that in calculating the value of each such award, such section 147(a) (42 U.S.C. 12603(a)) shall be applied by inserting ``twice'' before ``the maximum amount of a Federal Pell Grant''. (3) Limitation.--Not more than a total of 250,000 individuals may receive an educational award under this section. (e) Definitions.--In this section: (1) Career and technical education.--The term ``career and technical education'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) State.--The term ``State'' has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).

21st Century American Service Act This bill amends the Internal Revenue Code to exclude from gross income any AmeriCorps educational awards provided under the National and Community Service Act of 1990. The bill establishes within the Corporation for National and Community Service the 21st Century National Service Program Implementing Taskforce, which shall develop a 21st Century National Service Program to notify 18-year olds of opportunities to serve in a voluntary national service program. The Taskforce shall develop a 10-year strategic implementation plan for the 21st Century National Service Program and publish it on the Corporation website. The Corporation shall establish, with a certain number of participating states, a national service college compact pilot program under which eligible individuals may use an educational award to attend a public institution of higher education for a two- or four-year program of instruction, or a career or technical education program, at no additional charge. An eligible individual shall be one who completes successfully or agrees to complete: two required terms of full-time national service in an approved national service position for purposes of eligibility for two educational awards; and at least one calendar year of employment with a federal, state, or local government entity or a nonprofit organization. The Corporation and a state participating in the national service compact shall jointly select the individual eligible to receive an educational award for attending a public institution of higher education in the state.

21st Century American Service Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Hospital Outpatient Payment Equality (HOPE) Act of 1999''. SEC. 2. REFINEMENTS TO MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR OUTPATIENT HOSPITAL SERVICES. (a) Special Payment Adjustment for Certain Visits.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (1) by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following: ``(9) Special payment adjustment for certain visits.-- ``(A) In general.--Notwithstanding the preceding paragraphs of this subsection, the amount of payment made under this part for covered OPD services that are classified within an ambulatory patient classification group for-- ``(i) emergency room visits, or ``(ii) clinic visits, shall be equal to the product of the amount of payment determined under paragraph (4) for services classified within such group and the adjustment factor determined under subparagraph (B) or (C). ``(B) Adjustment factor for er visits.--The adjustment factor for covered OPD services that are classified within ambulatory patient classification groups for emergency room visits shall be determined as follows: ``(i) Estimate of aggregate reasonable costs.--The Secretary shall estimate the total amount that would be payable under this part for all covered OPD services that are classified within such groups and furnished in 2000 if payment for such services was based on the reasonable costs incurred in furnishing such services. ``(ii) Estimate of aggregate payments under opd pps.--The Secretary shall estimate the total amount that would be payable under this subsection for all covered OPD services that are classified within such groups and furnished in 2000, determined without regard to this paragraph. ``(iii) Determination of adjustment factor.--The adjustment factor determined under this subparagraph shall equal the quotient obtained by dividing the amount determined under clause (i) by the amount determined under clause (ii). ``(C) Adjustment factor for clinic visits.--In determining the adjustment factor for covered OPD services that are classified within ambulatory patient classification groups for clinic visits, subparagraph (B) shall be applied-- ``(i) by substituting `clinic' for `er' and `emergency room' each place either appears, and ``(ii) by substituting `94.2 percent of reasonable costs' for `reasonable costs' in clause (i) of such subparagraph. ``(D) Relation to other rules.-- ``(i) Part b, blood deductibles.--In applying the deductibles described in subsection (b), the amount of payment determined under this paragraph for a covered OPD service shall be substituted for the amount determined under paragraph (4) for such service. ``(ii) Inapplicability of budget neutrality requirement.--The adjustments required by this paragraph shall not be subject to the budget neutrality requirements of paragraph (2)(E). ``(iii) No effect on certain determinations.--The amounts payable by reason of this paragraph shall not be taken into account in determining-- ``(I) copayment amounts under paragraph (3)(B), ``(II) medicare OPD fee schedule amounts under paragraph (3)(D), ``(III) pre-deductible payment percentages under paragraph (3)(E), or ``(IV) compliance with the volume control mechanism established pursuant to paragraph (2)(F). ``(iv) Hold harmless.--The adjustments required by this paragraph shall be taken into account in applying the temporary limits on payment reductions established under subsection (e) of section 4523 of the Balanced Budget Act of 1997.''. (b) Elimination of Reduction in Market Basket.--Section 1833(t)(3)(C)(iii) of the Social Security Act (42 U.S.C. 1395l(t)(3)(C)(iii)) is amended by striking ``, reduced by 1 percentage point for such factor for services furnished in each of 2000, 2001, and 2002''. (c) Temporary Limitation on Reductions.-- (1) In general.--Section 4523 of the Balanced Budget Act of 1997 is amended by adding at the end the following: ``(e) Temporary Limit on Reductions in Federal Payments.-- ``(1) In general.--Notwithstanding section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as added by subsection (a), the amount that is paid from the Federal Supplementary Medical Insurance Trust Fund for covered OPD services furnished by a hospital during a calendar year (or portion thereof) specified in paragraph (2)(A) may not be less than the applicable percentage of the case mix adjusted average amount that would have been payable to such hospital for such services (including cost sharing) if the prospective payment system established under such section did not apply. Such average amount may be determined on a prospective basis using the Secretary's best estimate of the reasonable costs incurred in furnishing covered OPD services or on a retrospective basis using cost reports submitted by a hospital. ``(2) Definitions.--For purposes of paragraph (1): ``(A) Applicable percentage.--Subject to paragraph (3), the term `applicable percentage' means-- ``(i) with respect to covered OPD services furnished during the first full calendar year (and any portion of the immediately preceding calendar year) for which the prospective payment system established under section 1833(t) of such Act is in effect, 95 percent, ``(ii) with respect to the second full calendar year for which such system is in effect, 90 percent, and ``(iii) with respect to the third full calendar year for which such system is in effect, 85 percent. ``(B) Covered opd services.--The term `covered OPD services' has the meaning given to such term in section 1833(t)(1)(B) of such Act. ``(3) Application to certain hospitals.--In the case of hospitals described in section 1833(t)(8) of such Act, the `applicable percentage' for a calendar year (or portion thereof) shall be the same applicable percentage that applies to covered OPD services furnished by hospitals that are not described in such section during such calendar year (or portion thereof). ``(4) Rule of construction.--Nothing in this subsection shall be construed as affecting the amount of cost sharing paid by individuals enrolled under part B of title XVIII of the Social Security Act for covered OPD services.''. (2) Conforming amendment.--Section 1833(t)(1)(A) of the Social Security Act (42 U.S.C. 1395l(t)(1)(A)) is amended by inserting ``except as provided in section 4523(e) of the Balanced Budget Act of 1997,'' after ``1999,''. (d) Effective Date.-- (1) Special adjustments for certain visits.--The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2000. (2) Market basket; temporary limits on reductions.--The amendments made by subsections (b) and (c) are effective as if included in the enactment of the Balanced Budget Act of 1997.

Amends the Balanced Budget Act of 1997 to establish a temporary limitation on reductions in Federal payments for covered outpatient hospital services. Provides for the retroactivity of certain portions of this Act.

Medicare Hospital Outpatient Payment Equality (HOPE) Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Modernization Act''. SEC. 2. FHA COMPUTER SYSTEM. (a) Selection.-- (1) In general.--The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall select a computer system under this section (including appropriate mechanical, electronic, and programming elements) for use in administrating the single family and multifamily housing mortgage insurance programs under title II of the National Housing Act and shall use such system to carry out the activities under subsection (b) of this section. (2) Use of existing systems and programs.--In selecting the computer system, the Secretary shall survey and review various computer systems and programs that are commercially available and used for processing housing and residential mortgage applications. The Secretary shall identify the programs, methods, and procedures that are most effective and applicable for use under this section. (3) Contract.--Pursuant to the survey and review under paragraph (2), the Secretary shall, to the extent or in such amounts as are provided in appropriation Acts, enter into a contract with an appropriate private entity for the use and adaptation (if necessary) of the computer system that best meets the specifications established under subsection (b). (b) Requirements.--The computer system selected under this section shall meet the specifications established by the Secretary to carry out activities with respect to the single family and multifamily housing mortgage insurance programs under title II of the National Housing Act, as follows: (1) To administer the processing of applications for mortgage insurance. (2) To maintain and update any records and information maintained by the Secretary. (3) To facilitate, coordinate, and simplify interaction between the Department of Housing and Urban Development and mortgagees, including determination of eligibility, review and certification of underwriting, making insurance commitments and endorsements, closing, and other mortgage insurance activities. (4) To monitor the performance of the Department with respect to each function identified in the performance standards established under section 4. (5) To monitor the performance of mortgagees, servicers, and other entities involved in the mortgage insurance programs, entities to whom processing functions have been delegated by the Secretary under section 328 of the Cranston-Gonzalez National Affordable Housing Act, and mortgagees approved for direct endorsement. SEC. 3. STUDY OF PRIVATE MANAGEMENT OF INSURANCE PROGRAMS USING COMPUTER SYSTEM. (a) Study.--The Secretary shall conduct a study to determine the effectiveness and feasibility of utilizing private contractors to administer the single family and multifamily housing mortgage insurance programs under the National Housing Act using the computer system selected under section 2. The study shall analyze whether the purposes of the mortgage insurance programs would be carried out more efficiently and economically by using contractors with demonstrated capabilities to carry out the mortgage insurance functions currently performed by the staff of the Department of Housing and Urban Development. (b) Report.--The Secretary shall submit a report regarding the study to the Congress not later than the expiration of the 4-month period beginning on the date of the enactment of this Act, which shall contain findings and recommendations regarding the use and cost of private contractors. SEC. 4. PERFORMANCE STANDARDS. The Secretary shall establish standards by which to evaluate the performance of the Department of Housing and Urban Development with respect to functions performed by the Department in carrying out the single family and multifamily housing mortgage insurance programs under title II of the National Housing Act, including standards for prompt servicing of applications, accuracy of records, accounting for funds, prompt handling of delinquencies, and any other separately identifiable functions performed by the Department in carrying out such programs. SEC. 5. PERIODIC REPORTS REGARDING CONTRACTOR PERFORMANCE. Using information compiled and available through the computer system selected under section 2, the Secretary shall submit to the Congress a report for each calendar year regarding the performance of mortgagees, servicers, and contractors involved in the single family and multifamily housing mortgage insurance programs under title II of the National Housing Act, entities to whom processing functions have been delegated by the Secretary under section 328 of the Cranston- Gonzalez National Affordable Housing Act, and mortgagees approved for direct endorsement. Each report under this section shall be submitted not later than the March 31 of the year following the year for which the report is made. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 1994.

FHA Modernization Act - Directs the Secretary of Housing and Urban Development (HUD) to: (1) select a computer system for use in administering the National Housing Act single family and multifamily housing mortgage insurance programs; (2) use the system to study the feasibility of private administration of such programs; and (3) develop program evaluation standards.

FHA Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unredeemed U.S. Savings Bond Return Act of 2006''. SEC. 2. PROGRAM TO REUNITE BONDHOLDERS WITH MATURED UNREDEEMED FEDERAL SAVINGS BONDS. (a) Owner Location and Claims.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations providing that States may enter into owner location and claims agreements with the Secretary for the purposes of locating owners of specified unredeemed savings bonds, identifying such owners to the Secretary, and processing and verifying claims for the redemption of such savings bonds. Such regulations shall provide 1 year (beginning with the date of publication of such regulations) for the agency with responsibility for administration of unclaimed property to enter into an owner location and claims agreement with the Secretary. If no such agreement is entered into during such year, such agency or the chief executive of the State shall have 6 months (beginning at the end of such 1-year period) to enter into such an agreement with the Secretary. If, at the end of such 6-month period, no agreement has been entered into, the Secretary shall conduct owner location and claims processing with respect to such State. (2) Owner location and claims agreements.--Each owner location and claims agreement shall be substantially the same for each State and shall provide for the following with respect to specified unredeemed savings bonds assigned for processing to such State: (A) Provision of records to states.--The Secretary shall provide the State or its representative such records with respect to such bonds as the Secretary determines are necessary or appropriate to carry out the purposes of this section. (B) Written notification to bondholders of record.--The State or its representative shall mail to each owner of record of such a bond, with respect to whom an address suitable for the delivery of mail is determined under subsection (b), a written notification regarding the existence of such bond and that such bond is no longer earning interest. (C) Additional notification efforts; restrictions.--The State or its representative shall make such additional efforts to locate the owners of such bonds as the Secretary may provide. The Secretary may provide for such restrictions on efforts utilized to locate such owners as the Secretary determines appropriate, including any restrictions on the use of commercial locator services. (D) Claims processing and verification.--The State or its representative shall receive, process, and verify claims for such bonds and shall transmit to the Secretary verified claims. (E) Reunification payments to states.--Subject to the limitation of subsection (c)(4)(B), the Secretary shall direct the Federal depositary referred to in subsection (c) to pay the State a fee each month equal to 25 percent of the amount paid under subsection (c)(3) during the preceding month with respect to bonds verified by such State. Any fee otherwise payable under this subparagraph shall be reduced by the amount of any payment made under subparagraph (F). (F) Advance payment of state administrative costs.--Subject to the limitation of subsection (c)(4)(B), the Secretary shall, upon request from the State, direct the Federal depositary referred to in subsection (c) to pay the State such amount as the Secretary determines reasonable for the estimated cost of the State to carry out activities pursuant to this subsection. The aggregate amount paid to the State under this subparagraph may not exceed 5 percent of the aggregate amount which would be paid from the redemption account if all the specified unredeemed savings bonds assigned to the State were redeemed. (b) Examination of Bond Records; Establishment of Database.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into a cooperative agreement (within the meaning of section 6305 of title 31, United States Code) with the State coordinator which provides for the following with respect to the specified unredeemed savings bonds: (1) Access to bond records.--The Secretary shall provide the State coordinator with full access to records related to such bonds. (2) Compilation of information.--The State coordinator shall compile relevant information with respect to such bonds and make the results of such compilation available to the Secretary for the Secretary's review and concurrence. (3) Assignment of bonds to states for processing.--The State coordinator shall make a recommendation to the Secretary regarding to which State each bond should be assigned for processing under subsection (a). Such recommendation shall be based on the registered owner's address of record as determined in accordance with Government Auditing Standards for relevance, competence, and sufficiency. The Secretary shall make the final determination regarding the State to which each bond is assigned for processing after taking into account the recommendation of the State coordinator. Such determination by the Secretary shall be conclusive and shall not be subject to judicial review. (4) Searchable database.--After the Secretary concurs with the information compiled under paragraph (2), the State coordinator shall establish a searchable database which includes such information with respect to each bond and the State to which each bond is assigned for processing. The State coordinator shall update the information contained in such database (including information indicating which bonds have been redeemed) in such manner as the Secretary may provide. (c) Agreement With Federal Depositary.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into an agreement with a Federal depositary which provides for the following: (1) Transfer of funds.--The Secretary shall transfer to the Federal depositary the excess of-- (A) the aggregate amount payable upon redemption of each specified unredeemed savings bond, over (B) the amount of tax withheld under subsection (d) with respect to such bond. (2) Separate account; investment of funds.--The Federal depositary shall establish and maintain a separate account (the reunification account) which shall consist of amounts transferred under paragraph (1) and any earnings thereon. The Federal depositary shall invest amounts in such account in accordance with such standards as may be specified by the Secretary. (3) Payments on redeemed bonds.--The Secretary shall notify the Federal depositary of any redemption of a specified unredeemed savings bond. The Federal depositary shall, promptly after notification by the Secretary, make the appropriate payment from the redemption account with respect to such redemption as directed by the Secretary and notify the State coordinator that such bond has been redeemed. The amount of any payment under this paragraph with respect to the redemption of any bond (determined without regard to this sentence) shall be reduced by the amount of the tax withheld under subsection (d) with respect to such bond. (4) Use of earnings for administrative expenses, etc.-- (A) In general.--The Federal depositary shall make the following payments as directed by the Secretary: (i) Fees of federal depositary.--Payment of reasonable fees of the Federal depositary for services provided by the Federal depositary. (ii) Expense of bond examination, etc.-- Payment to the State coordinator designated under subsection (b) for reasonable costs in carrying out such subsection. (iii) Reunification payments to states.-- Payment of the administrative and reunification payments described in subparagraphs (E) and (F) of subsection (a)(2). (iv) Administrative costs of treasury.-- Payment to the Secretary, not in excess of $5,000,000 for any fiscal year, for the administrative costs of the Department of the Treasury in carrying out this Act. (v) Account excess transferred to general fund.--Payment to the general fund of the Treasury of such amounts as the Secretary determines, from time to time, are in excess of those necessary to provide for the payments from the reunification account which are required under this Act (other than this clause). (B) Administrative costs limited to reunification account earnings.--No payment may be made under subparagraph (A) if such payment would result in the balance of the reunification account being less than the excess of-- (i) the aggregate amounts transferred under paragraph (1), over (ii) the aggregate payments made from such account under paragraph (3). (d) Withholding of Tax on Unclaimed Interest.-- (1) In general.--The Secretary shall deduct and withhold from any amount transferred under subsection (c)(1) with respect to any bond a tax in an amount equal to 33 percent of the amount which, if such bond were redeemed, would constitute interest. (2) Treatment in same manner as wage withholding.--Except as otherwise provided by the Secretary, for purposes of section 3403 and 3404 of the Internal Revenue Code of 1986 and for purposes of so much of subtitle F of such Code (except section 7205 of such Code ) as relates to chapter 24 of such Code, payments to any person under subsection (c)(3) with respect to any bond subject to withholding under this subsection shall be treated as if such payments were wages paid by an employer to an employee. (e) Report to Congress.--The Secretary shall annually report to the Congress regarding the program established under this section. Such report shall include a description of the actions taken under this section and the amount and number of bonds redeemed pursuant to the program during the preceding fiscal year. The report for fiscal year 2016 shall include the recommendations of the Secretary regarding the steps which should be taken with respect to any specified unredeemed savings bonds still outstanding and the balance of the reunification account. (f) Definitions.--For purposes of this section: (1) Reunification account.--The term ``reunification account'' means the account established under subsection (c)(2). (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (3) Specified unredeemed savings bonds.--The term ``specified unredeemed savings bond'' means each outstanding series E bond, except that such bond shall not be treated as a specified unredeemed savings bond until the later of-- (A) the end of the 1-year period beginning on the date that such bond ceases to accrue interest, or (B) the date of the enactment of this Act. (4) State.--The term ``State'' includes the District of Columbia and any territory or possession of the United States. (5) State coordinator.--The term ``State coordinator'' means the eligible entity which is determined by the Secretary, after consultation with the States, to be best suited to carry out the activities described in subsection (b). For purposes of the preceding sentence, the term ``eligible entity'' means any State (including any representative of a State) or the National Association of Unclaimed Property Administrators. (g) Conforming Amendment.--Subsection (b) of section 1324 of title 31, United States Code, is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; and'', and by adding at the end the following new paragraph: ``(3) refunds due from the credit provision of section 2(d)(2) of the Unredeemed U.S. Savings Bond Return Act of 2006.''.

Unredeemed U.S. Savings Bond Return Act of 2006 - Instructs the Secretary of the Treasury to prescribe regulations authorizing states to enter into owner location and claims agreements with the Secretary in order to: (1) locate owners of specified unredeemed savings bonds; (2) identify such owners; and (3) process and verify claims for the redemption of such savings bonds.

To establish a program to reunite bondholders with matured unredeemed Federal savings bonds.

SECTION 1. INSTITUTION FINANCIAL AID OFFER FORM REQUIREMENTS. Title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``PART E--INSTITUTION FINANCIAL AID OFFER FORM REQUIREMENTS ``SEC. 151. DEFINITIONS. ``In this part: ``(1) Adequacy.--The term `adequacy', with respect to a financial aid offer form from a covered institution, means a letter that provides parents and students with comprehensive information on the postsecondary education costs and the terms and conditions of financial aid offered so that the parents and students can make informed educational loan borrowing decisions. ``(2) Cost of attendance.--The term `cost of attendance' has the meaning given the term in section 472. ``(3) Covered institution.--The term `covered institution' means any educational institution that-- ``(A) offers a postsecondary educational degree, certificate, or program of study (including any institution of higher education, as such term is defined in section 102); and ``(B) receives any Federal funding or assistance. ``SEC. 152. INSTITUTION REQUIREMENTS RELATING TO FINANCIAL AID OFFER FORMS. ``(a) Secretary Duties.-- ``(1) Report and model formats.--Not later than October 1, 2009, the Secretary shall-- ``(A) prepare a report on the adequacy of the financial aid offer forms provided by covered institutions to students and the parents of such students, after consulting with-- ``(i) students; ``(ii) parents of students; ``(iii) representatives of covered institutions (including financial aid administrators, registrars, and business officers); and ``(iv) consumer groups that receive no commercial or covered institution support; ``(B) include in the report model financial aid offer formats for financial aid offer forms that-- ``(i) are based on the report's findings; and ``(ii) include the information described in paragraph (2); and ``(C)(i) submit the report and model formats to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives; and ``(ii) make the report and model formats available to covered institutions, lenders, and the public. ``(2) Model formats contents.--The model financial aid offer formats developed under paragraph (1) shall present, in a consumer-friendly manner, the following information: ``(A) The student's total cost of attendance for the year for which the covered institution is issuing the financial aid offer form, including the actual or estimated costs included in the total cost of attendance for such year for each of the following: ``(i) Tuition and fees. ``(ii) Room and board costs. ``(iii) Books and supplies. ``(iv) Transportation and miscellaneous expenses. ``(B) The amount of financial aid that the student does not have to repay, such as scholarships and grants, offered to the student for such year. ``(C) The conditions under which the financial aid described in subparagraph (B) is renewable each year. ``(D) The net cost of attendance for the student, calculated as the total cost of attendance for the student (as described in subparagraph (A) less the amount of financial aid that the student does not have to repay (as described in subparagraph (B)). ``(E) The amount of work-study assistance offered to the student for such year, and the conditions that the student has to fulfill for the work-study assistance. ``(F) Information about loans for which the student, or a parent of the student, is eligible for such year and loans the covered institution recommends for such year, as the Secretary determines necessary for the model formats to meet the definition of adequacy under this part. The information shall include the applicable interest rates and other terms and conditions of the loans, including the estimated monthly repayment amount. The loans may include loans under part B, D, or E of title IV or awards under subpart 9 of part A of title IV (TEACH Grants). ``(G) Where a student or the student's parent can seek additional information regarding the financial aid offered. ``(H) Any other information the Secretary determines necessary so that students and parents can make informed student loan borrowing decisions. ``(b) Covered Institution Duties.--Not later than 1 year after the release of the report and model financial aid offer formats described in subsection (a), each covered institution shall-- ``(1) use one of the model financial aid offer formats as part of the information provided in any financial aid offer form that the covered institution provides to a student attending or planning to attend the covered institution, or the parents of such student; and ``(2) ensure that such student and the parents of such student receive the financial aid offer form in time for such student or parent to take the information provided into account before applying for or selecting an educational loan.''.

Amends the Higher Education Act of 1965 to direct the Secretary of Education to: (1) prepare a report for specified congressional committees on the adequacy of the financial aid offer forms issued by federally-assisted institutions of higher education (IHEs); and (2) develop model financial aid offer formats based on the report's findings. Requires such formats to include, in a consumer-friendly manner, specified information regarding: (1) the student's total and net cost of attending the IHE; (2) available scholarships, loans, and work assistance; and (3) where to obtain additional information on the financial aid offered. Directs each IHE to use one of the model formats as part of its financial aid offer form, and provide such form to current or prospective students and their parents in time for them to consider the format information before applying for or selecting an educational loan.

A bill to amend title I of the Higher Education Act of 1965 regarding institution financial aid offer form requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Tax Amendments of 1999''. SEC. 2. PERMANENT TAX CREDIT FOR RESEARCH AND DEVELOPMENT REGARDING GREENHOUSE GAS REDUCTION. (a) In General.--Section 41(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by adding at the end the following: ``(3) Exception for certain research.--Paragraph (1)(B) shall not apply in the case of any qualified research expenses if the research-- ``(A) has as 1 of its purposes the reducing or sequestering of greenhouse gases, and ``(B) has been reported to the Department of Energy under section 1605(b) of the Energy Policy Act of 1992.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to amounts paid or incurred after the date of enactment of this Act, except that such amendment shall not take effect unless the Climate Change Energy Policy Response Act is enacted into law. SEC. 3. TAX CREDIT FOR REDUCED GREENHOUSE GAS EMISSIONS FACILITIES. (a) Allowance of Reduced Greenhouse Gas Emissions Facilities Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following: ``(4) the reduced greenhouse gas emissions facilities credit.'' (b) Amount of Credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following: ``SEC. 48A. CREDIT FOR REDUCED GREENHOUSE GAS EMISSIONS FACILITIES. ``(a) In General.--For purposes of section 46, the reduced greenhouse gas emissions facilities credit for any taxable year is the applicable percentage of the qualified investment in a reduced greenhouse gas emissions facility for such taxable year. ``(b) Reduced Greenhouse Gas Emissions Facility.--For purposes of subsection (a), the term `reduced greenhouse gas emissions facility' means a facility of the taxpayer-- ``(1)(A) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(B) which is acquired by the taxpayer if the original use of such facility commences with the taxpayer, ``(2) the operation of which-- ``(A) replaces the operation of a facility of the taxpayer, ``(B) reduces greenhouse gas emissions on a per unit of output basis as compared to such emissions of the replaced facility, and ``(C) uses the same type of fuel (or combination of the same type of fuel and biomass fuel) as was used in the replaced facility, ``(3) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(4) which meets the performance and quality standards (if any) which-- ``(A) have been jointly prescribed by the Secretary and the Secretary of Energy by regulations, ``(B) are consistent with regulations prescribed under section 1605(b) of the Energy Policy Act of 1992, and ``(C) are in effect at the time of the acquisition of the facility. ``(c) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is one-half of the percentage reduction in greenhouse gas emissions described in subsection (b)(2) and reported and certified under section 1605(b) of the Energy Policy Act of 1992. ``(d) Qualified Investment.--For purposes of subsection (a), the term `qualified investment' means, with respect to any taxable year, the basis of a reduced greenhouse gas emissions facility placed in service by the taxpayer during such taxable year, but only with respect to that portion of the investment attributable to providing production capacity not greater than the production capacity of the facility being replaced. ``(e) Qualified Progress Expenditures.-- ``(1) Increase in qualified investment.--In the case of a taxpayer who has made an election under paragraph (5), the amount of the qualified investment of such taxpayer for the taxable year (determined under subsection (d) without regard to this subsection) shall be increased by an amount equal to the aggregate of each qualified progress expenditure for the taxable year with respect to progress expenditure property. ``(2) Progress expenditure property defined.--For purposes of this subsection, the term `progress expenditure property' means any property being constructed by or for the taxpayer and which it is reasonable to believe will qualify as a reduced greenhouse gas emissions facility which is being constructed by or for the taxpayer when it is placed in service. ``(3) Qualified progress expenditures defined.--For purposes of this subsection-- ``(A) Self-constructed property.--In the case of any self-constructed property, the term `qualified progress expenditures' means the amount which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such property. ``(B) Non-self-constructed property.--In the case of non-self-constructed property, the term `qualified progress expenditures' means the amount paid during the taxable year to another person for the construction of such property. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Self-constructed property.--The term `self- constructed property' means property for which it is reasonable to believe that more than half of the construction expenditures will be made directly by the taxpayer. ``(B) Non-self-constructed property.--The term `non-self-constructed property' means property which is not self-constructed property. ``(C) Construction, etc.--The term `construction' includes reconstruction and erection, and the term `constructed' includes reconstructed and erected. ``(D) Only construction of reduced greenhouse gas emissions facility to be taken into account.-- Construction shall be taken into account only if, for purposes of this subpart, expenditures therefor are properly chargeable to capital account with respect to the property. ``(5) Election.--An election under this subsection may be made at such time and in such manner as the Secretary may by regulations prescribe. Such an election shall apply to the taxable year for which made and to all subsequent taxable years. Such an election, once made, may not be revoked except with the consent of the Secretary.'' (c) Recapture.--Section 50(a) of the Internal Revenue Code of 1986 (relating to other special rules) is amended by adding at the end the following: ``(6) Special rules relating to reduced greenhouse gas emissions facility.--For purposes of applying this subsection in the case of any credit allowable by reason of section 48A, the following shall apply: ``(A) General rule.--In lieu of the amount of the increase in tax under paragraph (1), the increase in tax shall be an amount equal to the investment tax credit allowed under section 38 for all prior taxable years with respect to a reduced greenhouse gas emissions facility (as defined by section 48A(b)) multiplied by a fraction whose numerator is the number of years remaining to fully depreciate under this title the reduced greenhouse gas emissions facility disposed of, and whose denominator is the total number of years over which such facility would otherwise have been subject to depreciation. For purposes of the preceding sentence, the year of disposition of the reduced greenhouse gas emissions facility property shall be treated as a year of remaining depreciation. ``(B) Property ceases to qualify for progress expenditures.--Rules similar to the rules of paragraph (2) shall apply in the case of qualified progress expenditures for a reduced greenhouse gas emissions facility under section 48A, except that the amount of the increase in tax under subparagraph (A) of this paragraph shall be substituted in lieu of the amount described in such paragraph (2). ``(C) Application of paragraph.--This paragraph shall be applied separately with respect to the credit allowed under section 38 regarding a reduced greenhouse gas emissions facility.'' (d) Technical Amendments.-- (1) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following: ``(iv) the portion of the basis of any reduced greenhouse gas emissions facility attributable to any qualified investment (as defined by section 48A(d)).'' (2) Section 50(a)(4) of such Code is amended by striking ``and (5)'' and inserting ``, (5), and (6)''. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following: ``Sec. 48A. Credit for reduced greenhouse gas emissions facilities.'' (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (f) Study of Additional Incentives for Voluntary Reduction of Greenhouse Gas Emissions.-- (1) In general.--The Secretary of the Treasury and the Secretary of Energy shall jointly study possible additional incentives for, and removal of barriers to, voluntary, non recoupable expenditures for the reduction of greenhouse gas emissions. For purposes of this subsection, an expenditure shall be considered voluntary and non recoupable if the expenditure is not recoupable-- (A) from revenues generated from the investment, determined under generally accepted accounting standards (or under the applicable rate-of-return regulation, in the case of a taxpayer subject to such regulation), (B) from any tax or other financial incentive program established under Federal, State, or local law, or (C) pursuant to any credit-trading or other mechanism established under any international agreement or protocol that is in force. (2) Report.--Within 6 months of the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Energy shall jointly report to Congress on the results of the study described in paragraph (1), along with any recommendations for legislative action. (g) Scope and Impact.-- (1) Policy.--In order to achieve the broadest response for reduction of greenhouse gas emissions and to ensure that the incentives established by or pursuant to this Act do not advantage one segment of an industry to the disadvantage of another, it is the sense of Congress that incentives for greenhouse gas reductions should be available for individuals, organizations, and entities, including both for-profit and non- profit institutions. (2) Level playing field study and report.-- (A) In general.--The Secretary of the Treasury and the Secretary of Energy shall jointly study possible additional measures that would provide non-profit entities (such as municipal utilities and energy cooperatives) with economic incentives for greenhouse gas emission reductions comparable to those incentives provided to taxpayers under the amendments made to the Internal Revenue Code of 1986 by this Act. (B) Report.--Within 6 months after the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Energy shall jointly report to Congress on the results of the study described in subparagraph (A), along with any recommendations for legislative action.

Includes as part of the investment tax credit the reduced greenhouse gas emissions facilities credit and makes such credit the applicable percentage of qualified investment in a reduced greenhouse gas emissions facility for a taxable year. Allows such credit to be increased by the aggregate of each qualified progress (emissions facility expansion or construction) expenditure for a taxable year. Provides special rules for the recapture of such credit. Directs the Secretaries of the Treasury and Energy to jointly study and report to Congress on possible additional incentives for, and removal of barriers to, voluntary, non- recoupable expenditures for the reduction of such emissions. Expresses the sense of Congress that such incentives should be available for individuals, organizations, and entities, including both for- profit and nonprofit institutions. Directs the Secretaries to jointly study and report to Congress on possible additional measures that would provide nonprofit entities with economic incentives for such emission reductions comparable to those provided by this Act.

Climate Change Tax Amendments of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Union Small Business Jobs Creation Act''. SEC. 2. LIMITS ON MEMBER BUSINESS LOANS. (a) Revised Limitation and Criteria.--Effective 6 months after the date of enactment of this Act, section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended to read as follows: ``(a) Limitation.-- ``(1) In general.--Except as provided in paragraph (2), an insured credit union may not make any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time to be equal to more than the lesser of-- ``(A) 1.75 times the actual net worth of the credit union; or ``(B) 12.25 percent of the total assets of the credit union. ``(2) Additional authority.--The Board may approve an application by an insured credit union upon a finding that the credit union meets the criteria under this paragraph to make 1 or more member business loans that would result in a total amount of such loans outstanding at any one time of not more than 27.5 percent of the total assets of the credit union, if the credit union-- ``(A) had member business loans outstanding at the end of each of the 4 consecutive quarters immediately preceding the date of the application, in a total amount of not less than 80 percent of the applicable limitation under paragraph (1); ``(B) is well capitalized, as defined in section 216(c)(1)(A); ``(C) can demonstrate at least 5 years of experience of sound underwriting and servicing of member business loans; ``(D) has the requisite policies and experience in managing member business loans; and ``(E) has satisfied other standards that the Board determines are necessary to maintain the safety and soundness of the insured credit union. ``(3) Effect of not being well capitalized.--An insured credit union that has made member business loans under an authorization under paragraph (2) and that is not, as of its most recent quarterly call report, well capitalized, may not make any member business loans until such time as the credit union becomes well capitalized, as reflected in a subsequent quarterly call report, and obtains the approval of the Board.''. (b) Implementation.-- (1) Tiered approval process.--The Board shall develop a tiered approval process, under which an insured credit union gradually increases the amount of member business lending in a manner that is consistent with safe and sound operations, subject to the limits established under section 107A(a)(2) of the Federal Credit Union Act (as amended by this Act). The rate of increase under the process established under this paragraph may not exceed 30 percent per year. (2) Rulemaking required.--The Board shall issue proposed rules, not later than 6 months after the date of enactment of this Act, to establish the tiered approval process required under paragraph (1). The tiered approval process shall establish standards designed to ensure that the new business lending capacity authorized under the amendment made by subsection (a) is being used only by insured credit unions that are well managed and well capitalized, as required by the amendments made under subsection (a) and as defined by the rules issued by the Board under this paragraph. (3) Considerations.--In issuing rules required under this subsection, the Board shall consider-- (A) the experience level of the institutions, including a demonstrated history of sound member business lending; (B) the criteria under section 107A(a)(2) of the Federal Credit Union Act, as amended by this Act; and (C) such other factors as the Board determines necessary or appropriate. (c) Reports to Congress on Member Business Lending.-- (1) Report of the board.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Board shall submit a report to Congress on member business lending by insured credit unions. (B) Report.--The report required under subparagraph (A) shall include-- (i) the types and asset size of insured credit unions making member business loans and the member business loan limitations applicable to the insured credit unions; (ii) the overall amount and average size of member business loans by each insured credit union; (iii) the ratio of member business loans by insured credit unions to total assets and net worth; (iv) the performance of the member business loans, including delinquencies and net charge- offs; (v) the effect of this section on the number of insured credit unions engaged in member business lending, any change in the amount of member business lending, and the extent to which any increase is attributed to the change in the limitation in section 107A(a) of the Federal Credit Union Act, as amended by this Act; (vi) the number, types, and asset size of insured credit unions that were denied or approved by the Board for increased member business loans under section 107A(a)(2), as amended by this Act, including denials and approvals under the tiered approval process; (vii) the types and sizes of businesses that receive member business loans, the duration of the credit union membership of the businesses at the time of the loan, the types of collateral used to secure member business loans, and the income level of members receiving member business loans; and (viii) the effect of any increases in member business loans on the risk to the National Credit Union Share Insurance Fund and the assessments on insured credit unions. (2) GAO study and report.-- (A) Study.--The Comptroller General of the United States shall conduct a study on the status of member business lending by insured credit unions, including-- (i) trends in such lending; (ii) types and amounts of member business loans; (iii) the effectiveness of this section in enhancing small business lending; (iv) recommendations for legislative action, if any, with respect to such lending; and (v) any other information that the Comptroller General considers relevant with respect to such lending. (B) Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required by subparagraph (A). (d) Definitions.--In this section-- (1) the term ``Board'' means the National Credit Union Administration Board; (2) the term ``insured credit union'' has the meaning given that term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); (3) the term ``member business loan'' has the meaning given that term in section 107A(c)(1) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1)); (4) the term ``net worth'' has the meaning given that term in section 107A(c)(2) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(2)); and (5) the term ``well capitalized'' has the meaning given that term in section 216(c)(1)(A) of the Federal Credit Union Act (12 U.S.C. 1709d(c)(1)(A)).

Credit Union Small Business Jobs Creation Act Amends the Federal Credit Union Act to prohibit an insured credit union from making any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time exceeding either: (1) 1.75 times the actual net worth of the credit union, or (2) 12.25% of the total assets of the credit union. Authorizes the National Credit Union Administration Board to approve an application by an insured credit union to make one or more member business loans that would result in a total amount of such loans outstanding at any one time of up to 27.5 % of the total assets of the credit union, if the credit union meets specified safety and soundness criteria. Prohibits an insured credit union that has made such a member business loan but that is not well capitalized from making any new member business loans until it becomes well capitalized and obtains Board approval. Directs the Board to develop a tiered approval process, including lending standards, under which an insured credit union gradually increases the amount of member business lending in a manner consistent with safe and sound operations. Directs the Comptroller General to study the status of member business lending by insured credit unions.

Credit Union Small Business Jobs Creation Act

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Americans in Uniform Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Establishment of evaluation factor for defense contractors employing or subcontracting with members of the Selected Reserve of the reserve components of the Armed Forces. Sec. 4. Increase in various special pays and allowances for reserve component personnel. Sec. 5. Eligibility of certain persons for burial in Arlington National Cemetery. Sec. 6. Eligibility of certain persons for space-available travel on military aircraft. Sec. 7. Report on employment matters for members of the National Guard and Reserve. SEC. 2. FINDINGS. Congress finds the following: (1) Since September 11, 2001, almost 424,000 members of the National Guard or Reserve, comprising approximately 36 percent of the total membership, have been called or ordered to active duty. (2) Of the 1,718 members of the United States Armed Forces who have been killed or have died in the Global War on Terrorism, as of April 9, 2005, 357 were members of the National Guard or Reserve, which represents 21 percent of the total casualties. (3) Elements of all 15 Army National Guard ``enhanced readiness brigades'' have been mobilized and deployed within the Continental United States Field Command, Iraq, or Afghanistan, or are undergoing training to be deployed, in support of United States operations in the Global War on Terrorism. (4) During recent cycles of deployments in connection with Operation Iraqi Freedom, six of the 17 Army and Marine Ground Combat brigades serving in Iraq, which is equivalent to two combat divisions, are National Guard brigades. (5) Approximately 34 percent of the United States troops now serving in Iraq and Kuwait are members of the National Guard or Reserve. (6) Not since the Korean War have so many members of the National Guard and Reserve been mobilized for service in a theater of war. SEC. 3. ESTABLISHMENT OF EVALUATION FACTOR FOR DEFENSE CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE SELECTED RESERVE OF THE RESERVE COMPONENTS OF THE ARMED FORCES. (a) Defense Contracts.--In awarding any contract for the procurement of goods or services, the Department of Defense, when considering source selection criteria, shall use as an evaluation factor whether entities intend to carry out the contract using employees or individual subcontractors for goods and services who are members of the Selected Reserve of the reserve components of the Armed Forces. (b) Documentation of Selected Reserve-Related Evaluation Factor.-- Any entity claiming intent to carry out a contract using employees or individual subcontractors for goods and services who are members of the Selected Reserve of the reserve components of the Armed Forces shall be required to document to the Department of Defense the number (and names, if requested) of such members of the Selected Reserve that the entity will employ, or execute personal services contracts with, for the contract in question. (c) National Security Waiver.--The Secretary of the military department concerned, or, in the case of contracts which are not negotiated by a military department, the Secretary of Defense, may waive the requirement in subsection (a) with respect to a contract if the Secretary concerned determines that the waiver is necessary for reasons of national security. (d) Regulations.--The Federal Acquisition Regulation shall be revised as necessary to implement this section. SEC. 4. INCREASE IN VARIOUS SPECIAL PAYS AND ALLOWANCES FOR RESERVE COMPONENT PERSONNEL. (a) Hardship Duty Pay.--Section 305(a) of title 37, United States Code, is amended by striking ``$300'' and inserting ``$750''. (b) Reenlistment Bonus.--Section 308b(b)(1) of such title is amended-- (1) in subparagraph (A), by striking ``$15,000'' and inserting ``$25,000''; (2) in subparagraph (B), by striking ``$7,500'' and inserting ``$12,500''; and (3) in subparagraph (C), by striking ``$6,000'' and inserting ``$11,000''. (c) Family Separation Allowance.--Section 427 of such title is amended by adding at the end the following new subsection: ``(f) Special Rate for Reserve Component Members.--If a member described in subsection (a) is a member of a reserve component, the amount of the monthly allowance for the member under this section shall be increased to $500.''. SEC. 5. ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN ARLINGTON NATIONAL CEMETERY. (a) In General.--(1) Chapter 24 of title 38, United States Code, is amended-- (A) by redesignating section 2412 as section 2413; and (B) by inserting after section 2411 the following new section: ``Sec. 2412. Arlington National Cemetery: eligibility of certain persons for burial ``(a)(1) The remains of a member or former member of a reserve component of the Armed Forces who at the time of death was under 60 years of age and who, but for age, would have been eligible at the time of death for retired pay under chapter 1223 of title 10 may be buried in Arlington National Cemetery on the same basis as the remains of members of the Armed Forces entitled to retired pay under that chapter. ``(2) The remains of the dependents of a member whose remains are permitted under paragraph (1) to be buried in Arlington National Cemetery may be buried in that cemetery on the same basis as dependents of members of the Armed Forces entitled to retired pay under such chapter 1223. ``(b)(1) The remains of a member of a reserve component of the Armed Forces who dies in the line of duty while performing active duty for training or inactive duty training may be buried in Arlington National Cemetery on the same basis as the remains of a member of the Armed Forces who dies while on active duty. ``(2) The remains of the dependents of a member whose remains are permitted under paragraph (1) to be buried in Arlington National Cemetery may be buried in that cemetery on the same basis as dependents of members on active duty.''. (2) The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by striking the item relating to section 2412 and inserting after the item relating to section 2411 the following new items: ``2412. Arlington National Cemetery: eligibility of certain persons for burial. ``2413. Lease of land and buildings.''. (b) Effective Date.--Section 2412 of title 38, United States Code, as added by subsection (a), shall apply with respect to interments occurring on or after the date of the enactment of this Act. SEC. 6. ELIGIBILITY OF CERTAIN PERSONS FOR SPACE-AVAILABLE TRAVEL ON MILITARY AIRCRAFT. (a) Eligibility of ``Gray Area'' Retirees and Spouses.--Chapter 157 of title 10, United States Code, is amended by inserting after section 2641a the following new section: ``Sec. 2641b. Space-available travel on Department of Defense aircraft: Reserve members eligible for retired pay but for age; spouses ``(a) Reserve Retirees Under Age 60.--A member or former member of a reserve component under 60 years of age who, but for age, would be eligible for retired pay under chapter 1223 of this title shall be provided transportation on Department of Defense aircraft, on a space- available basis, on the same basis as members of the armed forces entitled to retired pay under any other provision of law. ``(b) Spouses.--The spouse of a member or former member under 60 years of age who, but for age, would be eligible for retired pay under chapter 1223 of this title, shall be provided transportation on Department of Defense aircraft, on a space-available basis, on the same basis as spouses of members of the armed forces entitled to retired pay under any other provision of law.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641a the following new item: ``2641b. Space-available travel on Department of Defense aircraft: Reserve members eligible for retired pay but for age; spouses.''. SEC. 7. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Requirement for Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on difficulties faced by members of the National Guard and Reserve with respect to employment as a result of being ordered to perform full time National Guard duty or being ordered to active duty service, respectively. (b) Specific Matters.--In preparing the report required under subsection (a), the Comptroller General shall include information on the following matters (1) Type of employers.--An estimate of the number of employers of members of the National Guard and Reserve who are private sector employers and those who are public sector employers. (2) Size of employers.--An estimate of the number of employers of members of the National Guard and Reserve who employ fewer than 50 full-time employees. (3) Self-employed.--An estimate of the number of members of the National Guard and Reserve who are self-employed. (4) Nature of business.--A description of the nature of the business of employers of members of the National Guard and Reserve. (5) Reemployment difficulties.--A description of difficulties faced by members of the National Guard and Reserve in gaining reemployment after having performed full time National Guard duty or active duty service, including difficulties faced by members who are disabled and who are Veterans of the Vietnam Era.

Americans in Uniform Act of 2005 - Requires the Department of Defense (DOD), in awarding any contract for the procurement of goods and services, to use as an evaluation factor whether entities intend to carry out the contract using employees or individual subcontractors who are members of the Selected Reserve. Requires entities claiming the intention to use such employees or subcontractors to document to DOD the number that the entity will employ, or contract with, for the contract in question. Authorizes the Secretary of the military department concerned to waive such requirement for national security purposes. Increases by specified amounts the following special pays and allowances for reserve personnel: (1) hardship duty pay; (2) reenlistment bonuses; and (3) the family separation allowance. Makes eligible for burial in Arlington National Cemetery: (1) a member or former member of the reserves who was under age 60 at the time of death and who, but for such age, would have been eligible for military retired pay; and (2) his or her dependents. Makes eligible for space-available travel on DOD aircraft: (1) a member or former member of the reserves under 60 years of age who, but for such age, would be eligible for military retired pay; and (2) his or her spouse. Requires a report from the Comptroller General to Congress on difficulties faced by members of the National Guard and reserves with respect to employment as a result of being ordered to full-time National Guard duty or active-duty service, respectively.

To improve benefits for members of the National Guard and Reserve to recognize their service to the United States and to encourage the recruitment and retention of National Guard and Reserve personnel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove All-Weather Road Corridor Act''. SEC. 2. IZEMBEK NATIONAL WILDLIFE REFUGE LAND CONVEYANCE. Title VI of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1178) is amended by striking subtitle E and inserting the following: ``Subtitle E--Izembek National Wildlife Refuge Land Conveyance ``SEC. 6401. DEFINITIONS. ``In this subtitle: ``(1) Corporation.--The term `Corporation' means the King Cove Corporation. ``(2) Federal land.--The term `Federal land' means-- ``(A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and ``(B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. ``(3) Governor.--The term `Governor' means the Governor of the State. ``(4) Map.--The term `map' means each of-- ``(A) the map entitled `Izembek and Alaska Peninsula National Wildlife Refuges' and dated September 2, 2008; and ``(B) the map entitled `Sitkinak Island-Alaska Maritime National Wildlife Refuge' and dated September 2, 2008. ``(5) Non-federal land.--The term `non-Federal land' means-- ``(A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and ``(B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map. ``(6) Refuge.--The term `Refuge' means the Izembek National Wildlife Refuge. ``(7) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(8) State.--The term `State' means the State of Alaska. ``(9) Tribe.--The term `Tribe' means the Agdaagux Tribe of King Cove, Alaska. ``SEC. 6402. LAND CONVEYANCE. ``(a) In General.--On the date of enactment of the King Cove All- Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. ``(b) Land Exchange.-- ``(1) In general.--As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All- Weather Road Corridor Act, notify the Secretary of the intent to convey the non-Federal land from the State and the Corporation to the United States. ``(2) Reversion.--The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act. ``(c) Valuation.--The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. ``(d) Considerations.--In constructing the road described in subsection (a), the Governor shall-- ``(1) minimize the adverse impact of the road corridor on the Refuge; ``(2) minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices; and ``(3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act. ``SEC. 6403. KING COVE ROAD. ``(a) Requirements Relating to Use, Barrier Cables, and Dimensions.-- ``(1) Limitations on use.-- ``(A) In general.--Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes. ``(B) Exceptions.--Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). ``(2) Requirement of barrier cable.--The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled `Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision' and dated January 22, 2004. ``(3) Required dimensions and design features.--The road described in paragraph (1)(A) shall-- ``(A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; ``(B) be constructed with gravel; and ``(C) if determined to be necessary, be constructed to include appropriate safety pullouts. ``(b) Support Facilities.--Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. ``(c) Federal Permits.--It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit. ``(d) Transfer of Land After Construction.--On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor. ``(e) Applicable Law.--Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170). ``(f) Avoidance of Wildlife Impacts and Mitigation of Wetland Loss.-- ``(1) Avoidance of wildlife impacts.-- ``(A) In general.--Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that-- ``(i) identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds; ``(ii) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife; and ``(iii) allow for the timely construction of the road. ``(B) Public availability.--The Governor of the State shall make available to the public the practices described in subparagraph (A). ``(2) Mitigation of wetlands loss.--The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and the Governor shall evaluate mitigating any effect on those wetlands transferred in Federal ownership under the provisions of this subtitle. ``SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. ``(a) Federal Land.--On completion of the land exchange under section 6402(a)-- ``(1) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and ``(2) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. ``(b) Non-Federal Land.--Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be-- ``(1) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and ``(2) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System. ``(c) Wilderness Additions.-- ``(1) In general.--Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to-- ``(A) the Izembek National Wildlife Refuge Wilderness; or ``(B) the Alaska Peninsula National Wildlife Refuge Wilderness. ``(2) Administration.--The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations). ``(d) Permits for Dredged or Fill Materials.--The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)). ``SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. ``(a) Voided Land Conveyance.--The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge-- ``(1) has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 7 years after the date of enactment of the King Cove All-Weather Road Corridor Act; and ``(2) has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 12 years after the date of enactment of the King Cove All-Weather Road Corridor Act. ``(b) Return of Prior Ownership Status of Federal Land.--If the land conveyance is voided under subsection (b)-- ``(1) the ownership of the Federal land shall revert back to the United States; and ``(2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness. ``SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. ``(a) In General.--Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act unless a construction permit has been issued during that period. ``(b) Extension of Authority.--If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. ``(c) Extension of Authority as Result of Legal Challenges.-- ``(1) In general.--Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process. ``(2) Injunction.--After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect. ``(d) Applicability of Section 6405.--On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.''.

King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.

King Cove All-Weather Road Corridor Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Inspiration School Grant Program Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the National Science Board's 2010 Science and Engineering Indicators, only 5 percent of American college graduates major in engineering. In Asia, about 20 percent of all baccalaureate degrees are in engineering and in China about 33 percent of baccalaureate degrees are in engineering. (2) Although 4th graders in the United States score well against international competition, students in the United States fall near the bottom or dead last by 12th grade in mathematics and science, respectively. (3) Admissions requirements for undergraduate engineering schools include a solid background in mathematics (algebra, geometry, trigonometry, and calculus) and science (biology, chemistry, and physics), in addition to courses in English, social studies, and humanities. (4) According to the Bureau of Labor Statistics, overall engineering employment is expected to grow by 11 percent from 2008 through 2018, and, as a group, engineers earn some of the highest average starting salaries among individuals holding baccalaureate degrees. (5) According to the Department of Labor, engineers should be creative, inquisitive, analytical, and detail-oriented. Engineers should be able to work as part of a team and to communicate well, both orally and in writing. Communication abilities are becoming increasingly important as engineers interact more frequently with specialists in a wide range of fields outside engineering. (6) Exposure to project- and problem-based learning, in a competitive team environment, gives 9th through 12th graders the skills that they need to be successful in engineering programs of study and engineering careers. (7) According to Brandeis University's Center for Youth and Communities, participants in FIRST Robotics (a nonprofit organization that inspires young people to be science and technology leaders by engaging the young people in mentor-based programs)-- (A) are more likely than nonparticipants to attend an institution of higher education on a full-time basis (88 percent versus 53 percent); (B) are nearly 2 times as likely to major in a science or engineering field; and (C) are more than 3 times as likely to have majored specifically in engineering. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Low-income student.--The term ``low-income student'' means a student who is eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (3) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) STEM.--The term ``STEM'' means science, technology, engineering (including robotics), or mathematics. (6) Non-traditional stem education teaching methods.--The term ``non-traditional STEM education teaching methods'' means a STEM education method or strategy such as incorporating self- directed student learning, inquiry-based learning, cooperative learning in small groups, collaboration with mentors in the field of study, and participation in STEM-related competitions. SEC. 4. INNOVATIVE INSPIRATION SCHOOL GRANT PROGRAM. (a) Goals of Program.--The goals of the Innovation Inspiration grant program are-- (1) to provide opportunities for local educational agencies to support non-traditional STEM education teaching methods; (2) to support the participation of students in nonprofit STEM competitions; (3) to foster innovation and broaden interest in, and access to, careers in the STEM fields by investing in programs supported by educators and professional mentors who receive hands-on training and ongoing communications that strengthen the interactions of the educators and mentors with-- (A) students who are involved in STEM activities; and (B) other students in the STEM classrooms and communities of such educators and mentors; and (4) to encourage collaboration among students, engineers, and professional mentors. (b) Program Authorized.-- (1) In general.--The Secretary is authorized to award grants, on a competitive basis, to local educational agencies to enable the local educational agencies-- (A) to promote STEM in secondary schools; (B) to support the participation of secondary school students in non-traditional STEM teaching methods; and (C) to broaden secondary school students' access to careers in STEM. (2) Duration.--The Secretary shall award each grant under this Act for a period of not more than 5 years. (3) Amounts.--The Secretary shall award a grant under this Act in an amount that is sufficient to carry out the goals of this Act. (c) Application.-- (1) In general.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--The application shall, at a minimum, include a description of how the local educational agency will-- (A) carry out STEM teaching programs that will use a non-traditional STEM teaching method; (B) identify and recruit partners and mentors-- (i) to help carry out the programs described in subparagraph (A); and (ii) to assist students who participate in such programs, including through technology- supported means; (C) support educators who lead such programs, and participants in such programs, through stipends or other incentives; (D) recruit young women and individuals from populations historically underrepresented in the STEM fields to participate in such programs; (E) identify public and private partners that can support such programs with cash or in-kind contributions; (F) plan for sustaining such programs financially beyond the grant period; and (G) evaluate the grant project and the results of the grant project among participating students, including-- (i) comparing students who participate in the grant project to similar students who do not participate; and (ii) evaluating-- (I) secondary school graduation rates; (II) rates of attendance at institutions of higher education; (III) the number of students taking advanced STEM related secondary school classes; and (IV) the ability of students participating in the grant project to partner with professional mentors. (3) Preference.--In awarding grants under this section, the Secretary shall give priority to applications from local educational agencies that propose to carry out activities that target-- (A) a rural or urban school; (B) a low-performing school or local educational agency; or (C) a local educational agency or school that serves low-income students. (d) Uses of Funds.-- (1) In general.--Each local educational agency that receives a grant under this Act shall use the grant funds for any of the following: (A) STEM education and career activities.-- Promotion of STEM education and career activities. (B) Purchase of parts.--The purchase of parts and supplies needed to support participation in non- traditional STEM teaching methods. (C) Teacher incentives and stipends.--Incentives and stipends for teachers involved in non-traditional STEM teaching methods outside of their regular teaching duties. (D) Support and expenses.--Support and expenses for student and team participation in regional and national nonprofit STEM competitions. (E) Additional materials and support.--Additional materials and support, such as equipment, facility use, technology, broadband access, and other expenses, directly associated with non-traditional STEM teaching and mentoring. (F) Evaluation.--Carrying out the evaluation described in subsection (c)(2)(G). (G) Other activities.--Carrying out other activities that are related to the goals of the grant program, as described in subsection (a). (2) Prohibition.--A local educational agency shall not use grant funds awarded under this Act to participate in any STEM competition that is not a nonprofit competition. (3) Administrative costs.--Each local educational agency that receives a grant under this Act may use not more than 2 percent of the grant funds for costs related to the administration of the grant project. (e) Matching Requirement.-- (1) In general.--Subject to paragraph (2), each local educational agency that receives a grant under this Act shall secure, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 50 percent of the grant. The non-Federal contribution may be provided in cash or in kind. (2) Waiver.--The Secretary may waive all or part of the matching requirement described in paragraph (1) for a local educational agency if the Secretary determines that applying the matching requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant project. (f) Supplement, Not Supplant.--Grant funds provided to a local educational agency under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (g) Evaluation.--The Secretary shall establish an evaluation program to determine the efficacy of the grant program established by this Act, which shall include comparing students participating in a grant project funded under this Act to similar students who do not so participate, in order to assess the impact of student participation on-- (1) what courses a student takes in the future; and (2) a student's postsecondary study. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2018. (2) Limitations.--Of the amounts appropriated under paragraph (1) for a fiscal year, not more than 2 percent shall be used for the evaluation described under subsection (g).

Innovation Inspiration School Grant Program Act - Authorizes the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) to: (1) promote science, technology, engineering (including robotics), and mathematics (STEM) in secondary schools; (2) support the participation of secondary school students in nontraditional STEM teaching methods; and (3) broaden secondary school students' access to STEM careers. Gives priority to grant applications that target: (1) a rural or urban school, (2) a low-performing school or LEA, or (3) an LEA or school that serves students who are eligible for free or reduced price lunches under the school lunch program. Authorizes the Secretary to waive all or part of the matching requirement for financially-strapped LEAs. Directs the Secretary to evaluate the efficacy of the grant program.

Innovation Inspiration School Grant Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lebanon Independence Restoration Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The people of Lebanon have a rich, proud, and honorable history dating from biblical times to the present, and Lebanon has been a free and democratic nation for much of its modern history. (2) Lebanon and the United States have enjoyed a history of friendship and cooperation which has been witnessed by the immigration of millions of Lebanese to the United States where they and their descendants have contributed greatly to the fabric of American life. (3) Lebanon witnessed foreign incursions and occupations during its 15-year civil war. Although that war ended in 1990, non-Lebanese forces still control much of the country. These forces include an Israeli force that controls a 9-mile wide security zone in Lebanon contiguous with Israel's northern border, and approximately 30,000 Syrian troops, several armed Palestinian factions, and other terrorist groups that control the remainder of the country. (4) There is a crucial distinction between the presence of Syrian and Israeli military forces in Lebanon. Israel exercises no control over the Government of Lebanon and in 1998 offered to withdraw unilaterally from the security zone in return for security guarantees, whereas Syria has never recognized Lebanon's independence, or exchanged ambassadors with Lebanon, and effectively dictates the major policies and actions of the Government of Lebanon. (5) Various Lebanese factions signed a peace settlement in Taif, Saudi Arabia, in 1989 as a step toward ending the civil war. This accord provided for the phased redeployment and withdrawal of Syrian forces from Lebanon beginning in 1992. (6) The Government of Syria has refused to carry out any redeployment as envisioned by the Taif Accord. Syrian domination over Lebanese politics and political leaders is at the root of the Lebanese Government's failure to press Syria for a withdrawal of Syria's occupying forces. (7) In addition to its armed forces, Syria maintains a massive intelligence service presence in Lebanon to enforce its control over the Lebanese people. (8) Syrian domination is so pervasive that Lebanon has effectively become a Syrian satellite state. This relationship with Syria does not reflect the will of the majority of the Lebanese public. Moreover, Syria has sought to change Lebanon's demographic balance by the population transfer of as many as 1,000,000 Syrian laborers to Lebanon. (9) Syrian domination has prevented Lebanon from developing direct contacts with Israel and participating in the multilateral track of the Middle East peace process. (10) Syrian domination has been associated with a deterioration in Lebanon's human rights situation. Syria has engineered Lebanese election results to its liking, Syrian intelligence units have been implicated in the disappearance of Lebanese citizens, and the Syrian-controlled Lebanese Parliament has imposed curbs on Lebanon's media, once the freest in the Arab world. (11) Syrian domination has failed to curtail international narcotics traffickers or terrorist groups, including Hizballah and the Kurdish Workers Party, that operate in Lebanon under Syrian control. (12) Syrian domination has prevented the Lebanese Army from entering southern Lebanon to restore order and stability in that region. Consequently, southern Lebanon has been a staging area for military provocations against Israel by terrorist groups supported by Syria and Iran. (13) The United States Congress is concerned about the potential for a miscalculation between Israel and Syria that could inadvertently lead to large-scale hostilities, especially in southern Lebanon. In this regard the Congress views with grave concern Syria's acquisition of weapons of mass destruction, especially chemical and biological weapons and missile delivery systems. Syrian surface-to-surface missiles can reach major urban centers in Israel, Turkey, and Jordan. (14) The United States Congress has expressed itself repeatedly in resolutions that insist that Syria make good on its commitments to withdraw its military and security forces from Lebanon. (15) It is not in the interest of the United States that freedom and democracy depart irreversibly from Lebanon. Lebanon has a constructive role to play in the search for Middle East peace. It can only do so when it is free, sovereign, and governed by a truly representative government. (16) The withdrawal of Syrian and other foreign forces from Lebanon would not only promote regional stability, but also would create the necessary conditions for the restoration of Lebanon's independence, freedom, and democracy. Truly free elections are not possible with the presence of foreign military and security forces and terrorist groups in Lebanon. SEC. 3. STATEMENT OF POLICY. The Congress calls for the following: (1) A complete, immediate, and unconditional withdrawal of all Syrian military, intelligence, and security forces and their proxies and all Palestinian and other terrorist forces from Lebanon, to be followed by the eventual withdrawal of Israeli forces. (2) Following the withdrawals described in paragraph (1) and restoration of a freely elected, democratic government in Lebanon, the deployment of the Lebanese Army to southern Lebanon to restore order and stability in that region, and for disbanding all armed groups in Lebanon with the exception of the legitimate national armed forces. (3) At the same time as the deployment described in paragraph (2), the assurance by the Government of Lebanon for the safety and well-being of all members of the South Lebanon Army (SLA) and their families. SEC. 4. SENSE OF THE CONGRESS RELATING TO FUTURE PEACE AGREEMENT BETWEEN SYRIA AND ISRAEL. It is the sense of the Congress that the United States should not ratify or in any other way affirm, support, recognize, or participate in any peace agreement between Syria and Israel that does not provide for the full and verifiable withdrawal of Syrian military, intelligence, and security forces and their proxies from Lebanon. SEC. 5. WITHDRAWAL OF NONDISCRIMINATORY TREATMENT FOR IMPORTS FROM SYRIA AND LEBANON. (a) Withdrawal.--Notwithstanding any other provision of law (except subsection (b)), nondiscriminatory treatment (most-favored-nation treatment) shall not apply with respect to any goods that-- (1) are the product of Syria or Lebanon; and (2) are entered into the customs territory of the United States on or after the 15th day after the date of the enactment of this Act. (b) Restoration of Nondiscriminatory Treatment.--The President may restore nondiscriminatory treatment to goods that-- (1) are the product of Lebanon beginning 30 days after the President certifies to the Congress that Syrian military, security, and intelligence forces and their proxies in Lebanon have been completely withdrawn from Lebanon and that the Government of Lebanon is certified to have been freely elected and wholly democratic in nature; and (2) are the product of Syria beginning 30 days after the President certifies to the Congress that the requirements described in paragraph (1) have been met and that the Government of Syria is certified to have been freely elected and wholly democratic in nature. SEC. 6. PROHIBITION ON ECONOMIC ASSISTANCE TO SYRIA AND LEBANON. (a) Prohibition.--Notwithstanding any other provision of law, economic assistance may not be provided to Syria or Lebanon. (b) Exception.--Subsection (a) shall not apply-- (1) with respect to Lebanon beginning 30 days after the President certifies to the Congress that Syrian military, security, and intelligence forces and their proxies in Lebanon have been completely withdrawn from Lebanon and that the Government of Lebanon is certified to have been freely elected and wholly democratic in nature; and (2) with respect to Syria beginning 30 days after the President certifies to the Congress that the requirements described in paragraph (1) have been met and that the Government of Syria is certified to have been freely elected and wholly democratic in nature. (c) Economic Assistance.--In this section, the term ``economic assistance'' means any assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any related assistance under any other provision of law. SEC. 7. PROHIBITION ON MILITARY ASSISTANCE TO THE GOVERNMENT OF LEBANON. (a) Prohibition.--Notwithstanding any other provision of law, military assistance may not be provided to the Government of Lebanon. (b) Exception.--Subsection (a) shall not apply beginning 30 days after the President certifies to the Congress that Syrian military, security, and intelligence forces and their proxies in Lebanon have been completely withdrawn from Lebanon and the Government of Lebanon is certified to have been freely elected and wholly democratic in nature. (c) Sense of the Congress.--It is the sense of the Congress that any assistance prohibited by reason of the application of subsection (a) should be redirected to assistance for humanitarian, democracy building, human rights and educational efforts in Lebanon. (d) Military Assistance.--In this section, the term ``military assistance''-- (1) means any assistance under part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) and any assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.); and (2) includes any other form of military cooperation with the Government of Lebanon. SEC. 8. REQUIREMENT TO OPPOSE LOANS AND OTHER ASSISTANCE TO SYRIA AND LEBANON BY INTERNATIONAL FINANCIAL INSTITUTIONS. (a) Requirement.--Beginning 15 days after the date of the enactment of this Act, the President shall instruct the United States representative to each international financial institution (including the International Monetary Fund and the International Bank for Reconstruction and Development) to which the United States is a member to use the voice and vote of the United States to oppose the initiation or renewal of any loan or other form of assistance for Syria or Lebanon. (b) Exception.--Subsection (a) shall not apply-- (1) with respect to Lebanon beginning 30 days after the President certifies to the Congress that Syrian military, security, and intelligence forces and their proxies in Lebanon have been completely withdrawn from Lebanon and that the Government of Lebanon is certified to have been freely elected and wholly democratic in nature; and (2) with respect to Syria beginning 30 days after the President certifies to the Congress that the requirements described in paragraph (1) have been met and that the Government of Syria is certified to have been freely elected and wholly democratic in nature. SEC. 9. ANNUAL REPORTS. As part of the annual human rights report required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), the Secretary of State shall pay special attention to the report on Lebanon and shall include in such report the following: (1) A detailed assessment of Syrian influence in the three branches of the Government of Lebanon. (2) An assessment of human rights abuses attributable to Syrian influence in the Government of Lebanon. (3) An assessment of the role played by Syrian intelligence services in Lebanon. (4) An estimate of the number of Syrian military, security, and intelligence forces and their proxies and terrorist groups in Lebanon. (5) Progress made by the Government of Lebanon in disarming terrorist groups, and an assessment of the causes for the Lebanese Government's failure to disarm such groups. (6) The specific steps and concrete actions taken by the Department of State to affect a withdrawal of all Syrian military, security, and intelligence forces and their proxies from Lebanon. SEC. 10. DEFINITION. As used in this Act, the term ``Syrian military, security, and intelligence forces and their proxies'' includes Syrian Army regulars, paramilitary forces, and plain clothes intelligence and security officials.

Withdraws nondiscriminatory (most-favored- nation) treatment from the products of Syria and Lebanon. Authorizes the President to restore nondiscriminatory treatment of the products of: (1) Lebanon after certifying to Congress that the Syrian military, security, and intelligence forces and their proxies there have completely withdrawn and that Lebanon's Government has been democratically and freely elected; and (2) Syria after certifying to Congress that such withdrawal has taken place and the Syrian Government has been democratically and freely elected. Prohibits, unless the requirements of this Act have been met, the provision of: (1) economic assistance to Syria or Lebanon; or (2) military assistance to Lebanon. Expresses the sense of Congress that any assistance so prohibited should be redirected for humanitarian, democracy building, human rights, and educational efforts in Lebanon. Directs the President to instruct the U.S. representative to each international financial institution to vote to oppose the initiation or renewal of any loan or other form of assistance for Syria or Lebanon unless the requirements of this Act have been met. Requires the Secretary of State, as part of the annual report to Congress concerning the human rights situation in countries proposed to receive security assistance, to pay special attention to the report on Lebanon by including: (1) an assessment of Syrian influence on the Lebanese Government and human rights abuses attributable to such influence; (2) an assessment of the role played by Syrian intelligence services there; (3) progress made by the Lebanese Government in disarming terrorist groups; and (4) specific steps taken by the State Department to affect the withdrawal of Syrian forces and their proxies from Lebanon.

Lebanon Independence Restoration Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids, Homes, and Grandparents Act of 1996''. SEC. 2. CHILD TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CHILD TAX CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $500 multiplied by the number of qualifying children of the taxpayer. ``(b) Qualifying Child.--For purposes of this section, the term `qualifying child' means any individual if-- ``(1) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(2) such individual has not attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(3) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B).'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Child tax credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. DEDUCTION IF PARENT OR GRANDPARENT RESIDES WITH TAXPAYER. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. TAXPAYERS WITH WHOM PARENT OR GRANDPARENT RESIDES. ``(a) In General.--In the case of an individual who maintains a household which includes as a member one or more parents or grandparents of such individual who have as the principal place of their abode the home of such individual, there shall be allowed as a deduction the product of-- (1) $1000, and (2) the number of such parents and grandparents. ``(b) Parent or Grandparent.--For purposes of subsection (a), the term `parent or grandparent' means, with respect to any individual, any ancestor of the individual or of the individual's spouse or former spouse. For purposes of the preceding sentence, the term `ancestor' includes a stepmother or stepfather.'' (b) Deduction Allowable Whether or Not Taxpayer Itemizes.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Taxpayers with whom parent or grandparent resides.-- The deduction allowed by section 220.'' (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 220 and inserting the following new items: ``Sec. 220. Taxpayers with whom parent or grandparent resides. ``Sec. 221. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. REDUCTION OF TAX ON QUALIFIED PRINCIPAL RESIDENCE GAIN. (a) In General.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended by adding at the end the following new subsection: ``(i) Reduction in Capital Gains Rate Applied to Qualified Principal Residence Gain.-- ``(1) In general.--In the case of an individual, if any taxable income of the taxpayer would be taxed at a rate in excess of 15 percent (determined without regard to this subsection) for any taxable year and such taxpayer has qualified principal residence gain for such taxable year-- ``(A) subsection (h) shall not apply to such taxable year, and ``(B) the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(i) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the amount of the net capital gain, ``(ii) 15 percent of qualified principal residence gain, and ``(iii) the sum of-- ``(I) 15 percent of the excess (if any) of the maximum amount of income subject to the 15 percent rate bracket applicable to the taxpayer over the amounts taken into account under clauses (i) and (ii), and ``(II) 28 percent of the excess (if any) of taxable income over the amounts taken into account under subclause (I) and clauses (i) and (ii). ``(2) Qualified principal residence gain.--For purposes of this subsection-- ``(A) In general.--The term `qualified principal residence gain' means the amount of gain from the sale or exchange of a qualified principal residence during the taxable year, reduced by-- ``(i) the amount of gain not included in gross income pursuant to an election under section 121 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) with respect to such sale or exchange, and ``(ii) the amount of gain not recognized with respect to such sale or exchange under section 1034 (relating to rollover of gain on sale of principal residence). ``(B) Limitation.--In no event may the qualified principal residence gain exceed the lesser of-- ``(i) $90,000, or ``(ii) the net capital gain for the taxable year. ``(C) Qualified principal residence.--The term `qualified principal residence' means a principal residence (within the meaning of section 1034) with respect to which the taxpayer meets the requirements of 121(a)(2) (determined after the application of section 121(d)). ``(D) Property used in part as principal residence.--Rules similar to the rules of section 121(d)(5) shall apply. ``(3) Coordination with investment income election.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).'' (b) Effective Date.--The amendment made by this section shall apply to gain from sales or exchanges of principal residences after December 31, 1996, for taxable years beginning after such date. SEC. 5. INDEXED BASIS OF PRIMARY RESIDENCE. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. ADJUSTED BASIS OF PRINCIPAL RESIDENCE. ``(a) In General.--In the case of an individual, the adjusted basis for determining the gain from the sale or exchange of the principal residence (within the meaning of section 1034) of such individual shall be the indexed basis of such principal residence. ``(b) Indexed Basis.--For purposes of this section, the indexed basis of any principal residence is the sum of-- ``(1) the adjusted basis (determined without regard to this section) of such residence, and ``(2) the applicable inflation adjustment. ``(c) Applicable Inflation Adjustment.--For purposes of this section, the term `applicable inflation adjustment' means, for any principal residence, an amount equal to the product of-- ``(1) the adjusted basis (determined without regard to this section) of such residence, and ``(2) the percentage (if any) by which-- ``(A) the gross domestic product deflator for the last calendar quarter ending before such residence is sold or exchanged, exceeds ``(B) the gross domestic product deflator for the last calendar quarter ending before such residence was acquired by the taxpayer. The percentage under paragraph (2) shall be rounded to the nearest \1/ 10\ of 1 percentage point. ``(d) Gross Domestic Product Deflator.--For purposes of this section, the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(e) Treatment of Improvements to Property.--If there is an addition to the adjusted basis of a principal residence during a taxable year by reason of an improvement to such residence, and the aggregate amount thereof during the taxable year with respect to such residence is $1,000 or more, such improvement shall be separately indexed under subsections (b) and (c) as if the improvement were a separate residence acquired at the close of such taxable year, in accordance with regulations prescribed by the Secretary.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Adjusted basis of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to residences sold or exchanged after December 31, 1996, for taxable years beginning after such date.

Kids, Homes, and Grandparents Act of 1996 - Amends the Internal Revenue Code to provide for: (1) a tax credit for each qualifying child; (2) a tax deduction for taxpayers with whom a parent or grandparent resides; (3) a reduction in the capital gains rate applied to qualified principal residence gain; and (4) an indexed basis for primary residences.

Kids, Homes, and Grandparents Act of 1996

SECTION 1. FINDINGS. Congress finds the following: (1) Relations between the United States and Taiwan are governed by the Taiwan Relations Act (22 U.S.C. 3301 et seq.; Public Law 96-8), three joint communiques, and the Six Assurances. (2) The Taiwan Relations Act has governed United States arms sales to Taiwan since 1979, when the United States extended diplomatic recognition to the People's Republic of China. (3) The Taiwan Relations Act specifies that it is United States policy, among other things, to consider any nonpeaceful means to determine Taiwan's future ``a threat'' to the peace and security of the Western Pacific and of ``grave concern'' to the United States, ``to provide Taiwan with arms of a defensive character'', and ``to maintain the capacity of the United States to resist any resort to force or other forms of coercion'' jeopardizing the security or social or economic system of Taiwan's people. (4) Section 3(a) of the Taiwan Relations Act states that ``the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self- defense capability''. (5) Section 3(b) of the Taiwan Relations Act stipulates that both the President and the Congress shall determine the nature and quantity of such defense articles and services ``based solely'' upon their judgment of the needs of Taiwan. (6) Taiwan has recently reversed a downward trend in defense spending with a $2.2 billion increase in 2007 to $9.8 billion and the Defense Ministry has requested and the Executive Yuan approved a 2008 budget of $10.6 billion, an increase of 15 percent. (7) According to the Congressional Research Service, the executive branch has yet to send any arms transfer notifications to Congress during calendar year 2008, including notifications on at least seven pending arms sales programs with a total value of about $11 billion that encompass programs on a submarine design, Patriot PAC-3 missile defense systems, and Apache and Blackhawk helicopters. (8) Taiwanese President Ma Ying-jeou stated on July 12, 2008, that the island needs to secure defensive weapons from the United States, despite a warming of relations with mainland China. (9) On July 16, 2008, Admiral Timothy Keating, Commander of the Hawaii-based United States Pacific Command, acknowledged that the executive branch had imposed a ``freeze'' on arms sales to Taiwan, a decision that is in contradiction to longstanding United States law and policy. SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS. (a) Briefings.--Not later than 90 days after the date of enactment of this Act, and not later than 120 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall provide detailed briefings to Congress on-- (1) any discussions conducted between any executive branch agency and the Government of Taiwan during the covered period; and (2) any potential transfer of defense articles or defense services to the Government of Taiwan. (b) Definitions.--In this section: (1) Covered period.--The term ``covered period'' means-- (A) with respect to the initial briefings required under subsection (a), the period beginning on the date of the enactment of this Act and ending on the date of the initial briefings; and (B) with respect to the subsequent briefings required under subsection (a), the period beginning on the day after the date of the initial briefings required under subsection (a) and ending on the date of the subsequent briefings. (2) Executive branch agency.--The term ``executive branch agency'' has the meaning given the term ``agency'' in section 551(1) of title 5, United States Code. (3) Defense article.--The term ``defense article'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794 note). (4) Defense service.--The term ``defense service'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794 note). Passed the House of Representatives September 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

Directs the Secretary of State, not later than 90 days after the date of enactment of this Act and not later than 120 days thereafter, to provide detailed briefings to Congress respecting: (1) any discussions conducted between any executive branch agency and the government of Taiwan during a covered period (as defined by this Act); and (2) any potential transfer of defense articles or defense services to Taiwan.

To require the Secretary of State, in consultation with the Secretary of Defense, to provide detailed briefings to Congress on any recent discussions conducted between United States Government and the Government of Taiwan and any potential transfer of defense articles or defense services to the Government of Taiwan.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Tax Cuts for All Americans Act''. (b) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. 10 PERCENT REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,050............... 13.5% of taxable income. Over $43,050 but not over $104,050. $5,811.75, plus 25.2% of the excess over $43,050. Over $104,050 but not over $158,550. $21,183.75, plus 27.9% of the excess over $104,050. Over $158,550 but not over $283,150. $36,389.25, plus 32.4% of the excess over $158,550. Over $283,150.................. $76,759.65, plus 35.64% of the excess over $283,150. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $34,550............... 13.5% of taxable income. Over $34,550 but not over $89,150. $4,664.25, plus 25.2% of the excess over $34,550. Over $89,150 but not over $144,400. $18,423.45, plus 27.9% of the excess over $89,150. Over $144,400 but not over $283,150. $33,838.20, plus 32.4% of the excess over $144,400. Over $283,150.................. $78,793.20, plus 35.64% of the excess over $283,150. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,750............... 13.5% of taxable income. Over $25,750 but not over $62,450. $3,476.25, plus 25.2% of the excess over $25,750. Over $62,450 but not over $130,250. $12,724.65, plus 27.9% of the excess over $62,450. Over $130,250 but not over $283,150. $31,640.85, plus 32.4% of the excess over $130,250. Over $283,150.................. $81,180.45, plus 35.64% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $21,525............... 13.5% of taxable income. Over $21,525 but not over $52,025. $2,905.87, plus 25.2% of the excess over $21,525. Over $52,025 but not over $79,275. $10,591.87, plus 27.9% of the excess over $52,025. Over $79,275 but not over $141,575. $18,194.62, plus 32.4% of the excess over $79,275. Over $141,575.................. $38,379.82, plus 35.64% of the excess over $141,575. ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 13.5% of taxable income. Over $1,750 but not over $4,050 $236.25, plus 25.2% of the excess over $1,750. Over $4,050 but not over $6,200 $815.85, plus 27.9% of the excess over $4,050. Over $6,200 but not over $8,450 $1,415.70, plus 32.4% of the excess over $6,200. Over $8,450.................... $2,144.70, plus 35.64% of the excess over $8,450.'' (b) Inflation Adjustment Conforming Amendments.-- (1) Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``1993'' in paragraph (1) and inserting ``1999'', (B) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (C) by striking paragraph (7). (2) The following provisions of such Code are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (3) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (4) Subparagraph (B) of section 132(f)(6) of such Code is amended by inserting before the period ``, determined by substituting `calendar year 1992' for `calendar year 1998' in subparagraph (B) thereof''. (c) Additional Conforming Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) of the Internal Revenue Code of 1986 is amended by striking ``15 percent'' and inserting ``13.5 percent''. (2) Section 1(h) of such Code is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``25.2 percent'', and (B) by striking paragraph (13). (3) Section 531 of such Code is amended by striking ``39.6 percent'' and inserting ``35.64 percent''. (4) Section 541 of such Code is amended by striking ``39.6 percent'' and inserting ``35.64 percent''. (5) Section 3402(p)(1)(B) of such Code is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7, 13.5, 25.2 or 27.9 percent''. (6) Section 3402(p)(2) of such Code is amended by striking ``15 percent'' and inserting ``13.5 percent''. (7) Section 3402(q)(1) of such Code is amended by striking ``28 percent'' and inserting ``25.2 percent''. (8) Section 3402(r)(3) of such Code is amended by striking ``31 percent'' and inserting ``27.9 percent''. (9) Section 3406(a)(1) of such Code is amended by striking ``31 percent'' and inserting ``27.9 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Amendments to withholding provisions.--The amendments made by paragraphs (5), (6), (7), (8), and (9) of subsection (c) shall apply to amounts paid after December 31, 1998.

Tax Cuts for All Americans Act - Amends the Internal Revenue Code to reduce individual income tax rates by ten percent.

Tax Cuts for All Americans Act

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Securities Private Enforcement Reform Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) excessive securities litigation is a serious burden on the national economy, diverting limited capital resources to less productive areas; (2) meritless lawsuits filed under Federal securities laws are making it harder for American companies to raise capital and attract experienced members to serve on their boards; (3) in the past 3 years, issuers of 1 out of every 12 stocks traded on the New York Stock Exchange have been sued for securities fraud; (4) in the securities fraud area, the civil justice system is being transformed into a nonmerit-based, unjust system, in which professional plaintiffs extract settlements from entrepreneurs, regardless of the merits of the cases filed; (5) such securities lawsuits impose additional costs on publicly traded companies, often force them into bankruptcy, and create job losses within the economy; (6) such securities fraud lawsuits stifle the development of future products by compelling investment bankers and accounting firms, whose assistance is essential for accessing capital markets, to resist working with new venture firms because of the higher risk of litigation associated with them; and (7) reform in the securities fraud laws are needed to ensure that the courts can properly hear and adjudicate securities fraud cases. SEC. 3. PRIVATE CIVIL ACTION PROCEDURES. The Securities Exchange Act of 1934 is amended by inserting after section 20A (15 U.S.C. 78u-1) the following new section: ``private civil action procedures ``Sec. 20B. (a) Requirement of Proportionate Liability.-- ``(1) Limitation on joint and several liability.--A defendant who is found liable for damages in an implied private action arising under a provision of this Act may be liable jointly and severally only if the trier of fact specifically determines that the defendant engaged in knowing securities fraud, as defined in paragraph (3). ``(2) Determination of liability.--If the trier of fact does not find, pursuant to paragraph (1), that the defendant engaged in knowing securities fraud, the defendant's liability shall be determined as follows: ``(A) The trier of fact shall determine the percentage of responsibility of the plaintiff, of each of the defendants and of each of the other persons or entities alleged by the parties to have caused or contributed to the harm alleged by the plaintiff. In determining the percentages of responsibility, the trier of fact shall consider both the nature of the conduct of each person and the nature and extent of the causal relationship between that conduct and the damage claimed by the plaintiff. ``(B) For each defendant, the trier of fact shall then multiply the defendant's percentage of responsibility by the total amount of damage suffered by the plaintiff that was caused in whole or in part by that defendant and shall enter a verdict or judgment against the defendant in that amount. No defendant whose liability is determined under this subsection shall be jointly liable on any judgment entered against any other party to the action. ``(C) Except where contractual relationship permits, no defendant whose liability is determined under this subsection shall have a right to recover from another defendant any portion of the judgment entered against him. ``(3) Definition.--A defendant engages in `knowing securities fraud' only if he (A) makes a material representation with actual knowledge that the representation is false or omits to make a statement with actual knowledge that, as a result of the omission, one of his material representations is false; and (B) knows that other persons are likely to rely on that misrepresentation or omission. Reckless conduct by the defendant shall not constitute `knowing securities fraud'. The liability in damages, in any, of a defendant who acts in a reckless manner shall be determined in accordance with paragraph (3). ``(4) Coverage of provision.--This subsection relates only to the allocation of damages among defendants. Nothing herein shall affect the standards for liability under any implied private action arising under a provision of this Act. ``(b) Awards of Attorney Fees.-- ``(1) Authority to award fees.--If the court in any implied private action arising under this Act enters a final judgment against a party litigant on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the prevailing party, award the prevailing party reasonable fees and other expenses incurred by that party unless the court determines that the position of the losing party was substantially justified. If the court determines that the position of the losing party was substantially justified, it shall not award fees and other expenses to the prevailing party. The determination whether the position of the losing party was substantially justified shall be made on the basis of the record which is made in the civil action for which fees and other expenses are sought. ``(2) Application for fees.--A party seeking an award of fees and other expenses shall, within 30 days of a final, nonappealable judgment in the action, submit to the court an application for fees and other expenses that verifies that the party is entitled to such an award under paragraph (1) and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the party stating the actual time expended and the rate at which fees and other expenses are computed. ``(3) Allocation and size of award.--The court, in its discretion, may-- ``(A) determine whether the amount to be awarded pursuant to this section shall be awarded against the unsuccessful party, its attorney, or both; and ``(B) reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy. ``(4) Awards in discovery proceedings.--In adjudicating any motion for an order compelling discovery or any motion for a protective order made in any implied private action arising under this Act, the court shall award the prevailing party reasonable fees and other expenses incurred by the party in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that special circumstances make an award unjust. ``(5) Definitions.--For purposes of this subsection-- ``(A) The term `fees and other expenses' includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, report, test, or project which is found by the court to be necessary for the preparation of the party's case, and reasonable attorney fees and expenses. The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of services furnished. ``(B) The term `substantially justified' shall have the same meaning as in section 2412(d)(1) of title 28, United States Code. ``(c) Abusive Practices..-- ``(1) Shares of awards to representative plaintiffs.--In any implied private action arising under this Act that is certified as a plaintiff class action pursuant to the Federal rules of civil procedures, the share of any final judgment or of any settlement that is awarded to any party serving as a representative plaintiff shall be calculated in the same manner as the shares of the final judgment or settlement awarded to all other members of the plaintiff class. ``(2) Representation of class actions.--(A) In any implied private action arising under this Act that is certified as a plaintiff class action pursuant to the Federal rules of civil procedure, the plaintiff class may not be represented by (i) any attorney who directly or indirectly owned or otherwise had a beneficial interest in the securities that are the subject of the litigation, or (ii) any attorney affiliated with such an attorney. An attorney who knowingly violates this prohibition shall be barred from representing any party in any action arising under this Act or under the Securities Act of 1933. ``(B) In any implied private action arising under this Act that is certified as a plaintiff class action, an attorney may not represent the plaintiff class if the attorney has paid or is obligated to pay a fee to a third party who assisted him in obtaining the representation of any party to the action. An attorney who knowingly violates this prohibition shall be barred from representing any party in any action arising under this Act or under the Securities Act of 1933. ``(3) Disgorged funds.--(A) Funds disgorged as a result of any action brought by the Commission in Federal court or of any Commission administrative action shall not be distributed as payment for attorney fees or expenses incurred by private parties seeking distribution of the disgorged funds. ``(B) Any judgment awarded against any person in any implied private action arising under this Act shall be diminished by the amounts, if any, that such person has been or may be required to disgorge, pursuant to a court order obtained at the instance of the Commission in a proceeding brought under section 21(d) of this Act, or in connection with any Commission administrative action, relating to the same alleged misconduct. ``(d) Burden of Proof.--In any implied cause of action arising under this Act in which the plaintiff may recover money damages only if it proves that the defendant acted with scienter, the plaintiff must establish that element of his claim by clear and convincing evidence in order to establish a right to recover money damages. ``(e) Pleading Requirement.--In any implied cause of action arising under this Act in which the plaintiff may recover money damages only if it proves that the defendant acted with scienter, the plaintiff must allege in its complaint facts suggesting that the defendant acted with that state of mind. ``(f) Aiding and Abetting Liability.--In any implied cause of action arising under this Act in which the plaintiff may recover damages only if it proves that the defendant acted with scienter, a defendant may be held liable as an aider and abettor only if the plaintiff proves that the defendant knew that another party had violated a provision of this Act and that the defendant, acting with deliberate intent to deceive, manipulate, or defraud for the defendant's own direct pecuniary benefit, provided substantial assistance to the other party's violation. Direct pecuniary benefit shall not include ordinary compensation for services provided.''. SEC. 4. TIME LIMITATION ON PRIVATE RIGHTS OF ACTION. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the following new section: ``SEC. 36. LIMITATION ON PRIVATE RIGHTS OF ACTION. ``Except as otherwise provided in this Act, any private right of action arising from a violation of this Act shall be brought not later than the earlier of-- ``(1) 5 years after the date on which such violation occurred; or ``(2) one year after the date on which the violation was discovered or should have been discovered through the exercise of reasonable diligence.''. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall apply to all actions commenced on or after the date of the enactment of this Act.

Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities and Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.

Securities Private Enforcement Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Canyon National Park and Gunnison Gorge National Conservation Area Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) Black Canyon of the Gunnison National Monument was established for the preservation of its spectacular gorges and additional features of scenic, scientific, and educational interest; (2) the Black Canyon and adjacent upland include a variety of unique ecological, geological, scenic, historical, and wildlife components enhanced by the serenity and rural western setting of the area; (3) the Black Canyon and adjacent land provide extensive opportunities for educational and recreational activities, and are publicly used for hiking, camping, and fishing, and for wilderness value, including solitude; (4) adjacent public land downstream of the Black Canyon of the Gunnison National Monument has wilderness value and offers unique geological, paleontological, scientific, educational, and recreational resources; (5) public land adjacent to the Black Canyon of the Gunnison National Monument contributes to the protection of the wildlife, viewshed, and scenic qualities of the Black Canyon; (6) some private land adjacent to the Black Canyon of the Gunnison National Monument has exceptional natural and scenic value, that, would be threatened by future development pressures; (7) the benefits of designating public and private land surrounding the national monument as a national park include greater long-term protection of the resources and expanded visitor use opportunities; and (8) land in and adjacent to the Black Canyon of the Gunnison Gorge is-- (A) recognized for offering exceptional multiple use opportunities; (B) recognized for offering natural, cultural, scenic, wilderness, and recreational resources; and (C) worthy of additional protection as a national conservation area, and with respect to the Gunnison Gorge itself, as a component of the national wilderness system. SEC. 3. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Gunnison Gorge National Conservation Area, consisting of approximately 57,725 acres surrounding the Gunnison Gorge as depicted on the Map. (2) Map.--The term ``Map'' means the map entitled ``Black Canyon National Park and Gunnison Gorge NCA--1/22/99''. (3) Park.--The term ``Park'' means the Black Canyon National Park established under section 4 and depicted on the Map. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL PARK. (a) Establishment.-- (1) In general.--There is established the Black Canyon National Park in the State of Colorado, as generally depicted on the Map. (2) Availability of map.--The Map shall be on file and available for public inspection in the offices of the National Park Service of the Department of the Interior. (3) Redesignation of monument.-- (A) Termination of black canyon designation.--The designation of the Black Canyon of the Gunnison National Monument in existence on the date of enactment of this Act is terminated. (B) Transfer.--All land and interests within the boundary of the Black Canyon of the Gunnison National Monument are incorporated in and made part of the Black Canyon National Park, including-- (i) land and interests within the boundary of the Black Canyon of the Gunnison National Monument as established by section 2(a) of the first section of Public Law 98-357; and (ii) any land and interests identified on the Map and transferred by the Bureau of Land Management under this Act. (C) Reference to park.--Any reference to the Black Canyon of the Gunnison National Monument shall be deemed a reference to Black Canyon National Park. (D) Funds.--Any funds made available for the purposes of the Black Canyon of the Gunnison National Monument shall be available for purposes of the Park. (b) Authority.--The Secretary, acting through the Director of the National Park Service, shall manage the Park subject to valid rights, in accordance with this Act and the provisions of law applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.); and (3) other applicable provisions of law. (c) Grazing.-- (1) Grazing permitted.--The Secretary may permit grazing within the Park, if the use of the Park for grazing is permitted on the date of enactment of this Act. (2) Grazing plan.--The Secretary shall prepare a grazing management plan to administer any grazing activities within the Park. SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS. (a) Additional Acquisitions.-- (1) In general.--The Secretary may acquire land or interests in land depicted on the Map as proposed additions. (2) Method of acquisition.-- (A) In general.--Land or interests in land may be acquired by-- (i) donation; (ii) transfer; (iii) purchase with donated or appropriated funds; or (iv) exchange. (B) Consent.--No land or interest in land may be acquired without the consent of the owner of the land. (b) Boundary Revision.--After acquiring land for the Park, the Secretary shall-- (1) revise the boundary of the Park to include newly- acquired land within the boundary; and (2) administer newly-acquired land subject to applicable laws (including regulations). (c) Boundary Survey.--Not later than 5 years after the date of enactment of this Act, the Secretary shall complete an official boundary survey of the Park. (d) Hunting on Privately Owned Lands.-- (1) In general.--The Secretary may permit hunting on privately owned land added to the Park under this Act, subject to limitations, conditions, or regulations that may be prescribed by the Secretary. (2) Termination of authority.--On the date that the Secretary acquires fee ownership of any privately owned land added to the Park under this Act, the authority under paragraph (1) shall terminate with respect to the privately owned land acquired. SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON WILDERNESS. (a) Expansion of Black Canyon.--The Black Canyon of the Gunnison Wilderness, as established by subsection (b) of the first section of Public Law 94-567 (90 Stat. 2692), is expanded to include the parcel of land depicted on the Map as ``Tract A'' and consisting of approximately 4,460 acres. (b) Administration.--The Black Canyon of the Gunnison Wilderness shall be administered as a component of the Park. SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA. (a) In General.--There is established the Gunnison Gorge National Conservation Area, consisting of approximately 57,725 acres as generally depicted on the Map. (b) Management of Conservation Area.--The Secretary, acting through the Director of the Bureau of Land Management, shall manage the Conservation Area to protect the resources of the Conservation Area in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) other applicable provisions of law. (c) Withdrawal of Land.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land and interests within the Conservation Area acquired by the United States are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing and geothermal leasing laws. (d) Permitted Uses.-- (1) In general.--The Secretary shall permit hunting, trapping, and fishing within the Conservation Area in accordance with applicable laws (including regulations) of the United States and the State of Colorado. (2) Exception.--The Secretary, after consultation with the Colorado Division of Wildlife, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons concerning-- (A) public safety; (B) administration; or (C) public use and enjoyment. (e) Use of Motorized Vehicles.--In addition to the use of motorized vehicles on established roadways, the use of motorized vehicles in the Conservation Area shall be allowed-- (1) to the extent the use is compatible with off-highway vehicle designations as described in the management plan in effect on the date of enactment of this Act; or (2) to the extent the use is practicable under a management plan prepared under this Act. (f) Conservation Area Management Plan.-- (1) In general.--Not later than 4 years after the date of enactment of this Act, the Secretary shall-- (A) develop a comprehensive plan for the long-range protection and management of the Conservation Area; and (B) transmit the plan to-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Resources of the House of Representatives. (2) Contents of plan.--The plan-- (A) shall describe the appropriate uses and management of the Conservation Area in accordance with this Act; (B) may incorporate appropriate decisions contained in any management or activity plan for the area completed prior to the date of enactment of this Act; (C) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Conservation Area prior to the date of enactment of this Act; (D) shall be prepared in close consultation with appropriate Federal, State, county, and local agencies; and (E) shall use information developed prior to the date of enactment of this Act in studies of the land within or adjacent to the Conservation Area. (g) Boundary Revisions.--The Secretary may make revisions to the boundary of the Conservation Area following acquisition of land necessary to accomplish the purposes for which the Conservation Area was designated. SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION AREA. (a) Gunnison Gorge Wilderness.-- (1) In general.--Within the Conservation Area, there is designated as wilderness, and as a component of the National Wilderness Preservation System, the Gunnison Gorge Wilderness, consisting of approximately 17,700 acres, as generally depicted on the Map. (2) Administration.-- (A) Wilderness study area exemption.--The approximately 300-acre portion of the wilderness study area depicted on the Map for release from section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) shall not be subject to section 603(c) of that Act. (B) Incorporation into national conservation area.--The portion of the wilderness study area described in subparagraph (A) shall be incorporated into the Conservation Area. (b) Administration.--Subject to valid rights in existence on the date of enactment of this Act, the wilderness areas designated under this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (c) State Responsibility.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or in the Wilderness Act shall affect the jurisdiction or responsibilities of the State of Colorado with respect to wildlife and fish on the public land located in that State. SEC. 9. WITHDRAWAL. The land identified as tract B on the Map, consisting of approximately 1,554 acres, is withdrawn-- (1) from all forms of entry, appropriation, or disposal under the public land laws; (2) from location, entry, and patent under the mining laws; and (3) from operation of the mineral leasing and geothermal leasing laws. SEC. 10. WATER RIGHTS. (a) Effect on Water Rights.--Nothing in this Act shall-- (1) constitute an express or implied reservation of water for any purpose; or (2) affect any water rights in existence prior to the date of enactment of this Act, including any water rights held by the United States. (b) Additional Water Rights.--Any new water right that the Secretary determines is necessary for the purposes of this Act shall be established in accordance with the procedural and substantive requirements of the laws of the State of Colorado. SEC. 11. STUDY OF LANDS WITHIN AND ADJACENT TO CURECANTI NATIONAL RECREATION AREA. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Director of the National Park Service, shall conduct a study concerning land protection and open space within and adjacent to the area administered as the Curecanti National Recreation Area. (b) Purpose of Study.--The study required to be completed under subsection (a) shall-- (1) assess the natural, cultural, recreational and scenic resource value and character of the land within and surrounding the Curecanti National Recreation Area (including open vistas, wildlife habitat, and other public benefits); (2) identify practicable alternatives that protect the resource value and character of the land within and surrounding the Curecanti National Recreation Area; (3) recommend a variety of economically feasible and viable tools to achieve the purposes described in paragraphs (1) and (2); and (4) estimate the costs of implementing the approaches recommended by the study. (c) Submission of Report.--Not later than 3 years from the date of enactment of this Act, the Secretary shall submit a report to Congress that-- (1) contains the findings of the study required by subsection (a); (2) makes recommendations to Congress with respect to the findings of the study required by subsection (a); and (3) makes recommendations to Congress regarding action that may be taken with respect to the land described in the report. (d) Acquisition of Additional Land and Interests in Land.-- (1) In general.--Prior to the completion of the study required by subsection (a), the Secretary may acquire certain private land or interests in land as depicted on the Map entitled ``Proposed Additions to the Curecanti National Recreation Area,'' dated 09/15/98, totaling approximately 1,065 acres and entitled ``Hall and Fitti properties''. (2) Method of acquisition.-- (A) In general.--Land or an interest in land under paragraph (1) may be acquired by-- (i) donation; (ii) purchase with donated or appropriated funds; or (iii) exchange. (B) Consent.--No land or interest in land may be acquired without the consent of the owner of the land. (C) Boundary revisions following acquisition.-- Following the acquisition of land under paragraph (1), the Secretary shall-- (i) revise the boundary of the Curecanti National Recreation Area to include newly- acquired land; and (ii) administer newly-acquired land according to applicable laws (including regulations). SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Black Canyon National Park and Gunnison Gorge National Conservation Area Act of 1999 - Establishes the Black Canyon National Park in Colorado. Terminates the Black Canyon of the Gunnison National Monument and incorporates all land and interests therein as part of the Park. Authorizes the Secretary of the Interior to permit grazing within the Park if grazing is permitted on the enactment of this Act. Directs the Secretary to prepare a grazing management plan to administer such grazing activities. (Sec. 5) Provides for: (1) additional land acquisition for the Park; (2) revision of the Park's boundary to include such land; (3) an official boundary survey of the Park by the Secretary; (4) hunting on privately owned land added to the Park, subject to limitations, conditions, or regulations prescribed by the Secretary; and (5) termination of such hunting on the date the Secretary acquires fee ownership of the privately owned land. (Sec. 6) Expands the Black Canyon of the Gunnison Wilderness to include a specified parcel of land to be administered as a component of the Park. (Sec. 7) Establishes the Gunnison Gorge National Conservation Area to be managed by the Secretary, acting through the Director of the Bureau of Land Management. Withdraws all Federal land and interests within the Conservation Area from all forms of appropriations under the public land, mining, mineral and geothermal leasing laws. Requires the Secretary to permit hunting, trapping, and fishing within the Conservation Area, under certain conditions and with the exception of issuing regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons concerning public safety, administration, or public use and enjoyment. Sets forth provisions allowing the use of motorized vehicles in the Conservation Area. Requires the Secretary to develop a comprehensive plan for the long-range protection and management of the Conservation Area and to transmit the plan to specified congressional committees. Allows revision of the Conservation Area's boundary following acquisition of land necessary to accomplish the purposes for which such Area was designated. (Sec. 8) Designates the Gunnison Gorge Wilderness, within the Conservation Area, as a component of the National Wilderness Preservation System. (Sec. 9) Withdraws certain land identified as tract B on the map entitled "Black Canyon National Park and Gunnison Gorge NCA - 1-22-99" from all forms of appropriations under the public land, mining, mineral and geothermal leasing laws. (Sec. 10) Provides that nothing in this Act shall: (1) constitute an express or implied reservation of water for any purpose; or (2) affect any private or U.S. water rights in existence before enactment of this Act. Requires any new water rights to be established in accordance with the procedural and substantive requirements of Colorado laws. (Sec. 11) Requires the Secretary, acting through the Director of the National Park Service, to study and report to Congress on land protection and open space within and adjacent to the Curecanti National Recreation Area. Provides for the acquisition of specified private land or interests in land to be added to the Recreation Area. (Sec. 12) Authorizes appropriations.

Black Canyon National Park and Gunnison Gorge National Conservation Area Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Memorial Preservation and Recognition Act of 2003''. SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION OF VETERANS' MEMORIALS. (a) In General.--Chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1369. Destruction of veterans' memorials ``(a) Whoever, in a circumstance described in subsection (b), willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) A circumstance described in this subsection is that-- ``(1) in committing the offense described in subsection (a), the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; or ``(2) the structure, plaque, statue, or other monument described in subsection (a) is located on property owned by, or under the jurisdiction of, the Federal Government.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``1369. Destruction of veterans' memorials.''. SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES. (a) In General.--Notwithstanding the terms of any agreement entered into by the Secretary of Transportation and a State under section 109(d) or 402(a) of title 23, United States Code, a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway. (b) Applicability.--Subsection (a) shall apply to an agreement entered into before, on, or after the date of the enactment of this Act. SEC. 4. GRANTS TO REPAIR VETERANS MEMORIALS. (a) Establishment of Grant Program.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2412. Grants to repair memorials ``(a) Establishment of Grant Program.--Subject to the succeeding provisions of this section, the Secretary may make grants to a State or a qualified organization for the purpose of repairing or restoring a covered memorial. ``(b) Application.--A grant under this section may be made only upon submission of an application to the Secretary in such form and manner, and containing such information, as the Secretary may require. ``(c) Amount of Grant.--(1) The amount of a grant under this section may not exceed 50 percent of the cost of the repair or restoration of the covered memorial, as determined by the Secretary. ``(2) The recipient of the grant shall contribute the excess of the aggregate costs of the repair of the covered memorial over the grant. ``(3) If a recipient of a grant under this section uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from such recipient the total of all grants made under this section to such recipient in connection with the repair or restoration of the covered memorial. ``(d) Use of Grant Funds.--Sums received pursuant to a grant in this section shall be used for the sole purpose of repairing or restoring a covered memorial. ``(e) Standards.--A repair or restoration of a covered memorial under a grant under this section shall conform to such standards and guidelines as the Secretary may by regulation prescribe. ``(f) Additional Terms and Conditions.--The Secretary may by regulation prescribe such additional terms and conditions for grants under this section as the Secretary considers appropriate. ``(g) Definitions.--In this section: ``(1) The term `qualified organization' means any organization described in section 5902(a) of this title. ``(2) The term `covered memorial' means a memorial or monument that the Secretary determines commemorates the service in the Armed Forces of an individual, or group of individuals, or a particular military event, but does not include any memorial or monument under the administrative jurisdiction of the Secretary of the Interior. ``(h) Authorization of Appropriations.--(1) There is authorized to be appropriated such sums as may be necessary for fiscal year 2004 and for each succeeding fiscal year through fiscal year 2008 for the purpose of making grants under subsection (a). ``(2) Sums appropriated under paragraph (1) of this section shall remain available until expended. If all funds from a grant under this section have not been utilized by a recipient for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such recipient.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding at the end the following: ``2412. Grants to repair memorials.''.

Veterans' Memorial Preservation and Recognition Act of 2003 -Amends the Federal criminal code to prohibit willfully desecrating a monument on public property commemorating the service of any person in the U.S. armed forces where: (1) the defendant travels in, or uses an instrumentality of, interstate or foreign commerce; or (2) the monument is located on Federal property.Requires that veterans cemeteries be treated as sites permitting supplemental guide signs on Federal-aid highways.Authorizes the Secretary of Veterans Affairs to make grants to a State or qualified organization for up to 50 percent of the costs of the repair or restoration of a veterans memorial.

To further the protection and recognition of veterans' memorials, to amend title 38, United States Code, to provide for grants to repair veterans memorials, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Enhancement and Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Park Service has insufficient funds for the operation, maintenance, and rehabilitation of certain units of the National Park System. (2) Federal full fee ownership of structures and lands that are not consistent with the purposes for which a national historical park was established and that are essential only to the protection of such a park is not always required to preserve the aesthetic, natural, cultural, and historical values of national historical parks. (3) The sale or lease, or any extension of a sale or lease, of secondary structures and surplus lands of national historical parks that are not consistent with the purposes for which the parks were established and that are essential only to the protection of such parks, could generate needed funds while preserving the values for which the parks were established, if adequate protection of natural, aesthetic, recreational, cultural, and historical values is assured by appropriate terms, covenants, conditions, or reservations. (4) There are some secondary structures and surplus lands of national historical parks that need not be owned by the Federal Government in fee simple to achieve the benefits for which the parks were established. SEC. 3. DEFINITIONS. In this Act: (1) Surplus land.--The term ``surplus land'' means land owned by the United States that is-- (A) controlled by the Secretary and administered as part of a national historical park; (B) not consistent with the purposes for which the park was established; and (C) determined by the Secretary to be surplus to the purposes of national historical parks. (2) Secondary Structures.--The term ``secondary structure''-- (A) means a structure (including associated land) controlled by the Secretary and administered as part of a national historical park, that-- (i) is not historic under National Register on Historic Places criteria; and (ii) is determined by the Secretary to be surplus to the purposes of national historical parks; and (B) does not include any structure or land that is determined by the Secretary to be part of the essence of a national historical park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ALLOWING PRIVATE ACQUISITION OR USE OF NATIONAL HISTORICAL PARK SECONDARY STRUCTURES AND SURPLUS LAND. (a) Determination of Secondary Structures and Surplus Land.--The Secretary shall review the lands and structures that are controlled by the Secretary and administered as part of a national historical park and determine whether any of those lands or structures are secondary structures or surplus lands, respectively. (b) Allowing Private Acquisition or Use.--The Secretary, after determining it to be in the public interest and after publication of notice in the Federal Register and 30 days for public comment, may in accordance with this Act sell, lease, permit the use of, or extend a lease or use permit for, any land and stucture determined by the Secretary to be a secondary structure or surplus land, respectively. SEC. 5. REQUIREMENTS. (a) Competition.--Except as provided in subsection (c), any sale or lease of property under this Act shall be made under full and open competition. (b) Costs.--The Secretary shall ensure that the terms of any sale, lease, or use permit under this Act are sufficient to recover the costs to the United States of awarding and administering the sale, lease, or permit. The Secretary shall require that a person acquiring, leasing, or using property under this Act shall bear all reasonable costs of appraisal incidental to such conveyance, lease, or use, as determined by the Secretary. (c) Reacquisition by Original Owner.--Before disposing of any secondary structure or surplus land under this Act, the Secretary shall, to the extent possible, provide the person or persons from whom the structure or land was acquired by the United States, or their heirs, as determined from the deed and land records for the property, an opportunity to reacquire the structure or land by negotiated sale, lease, or use permit. The Secretary shall publish a notice in an appropriate regional or local newspaper in an attempt to locate such persons. (d) Notice to Congress.--The Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate each conveyance, lease, or issuance of a use permit for property under this Act having a total value greater than $150,000, at least 30 days prior to consummation of the transaction. SEC. 6. PROTECTION OF HISTORICAL INTEGRITY OF PARK. In order to protect the natural, aesthetic, recreational, cultural, or historic values of any national historical park, the Secretary shall include in any sale, lease, or use permit under this Act any terms, covenants, conditions, or reservations necessary to ensure preservation of the public interest and uses consistent with the purposes for which the park was established. SEC. 7. USE OF REVENUES. Amounts received by the United States as proceeds from any sale, lease, or use of a secondary structure or surplus land under this Act in excess of the administrative cost of the sale, lease, or use-- (1) shall be deposited in a special fund in the Treasury; and (2) shall be available to the Secretary, without further appropriation, for operation, maintenance, or improvement of, or for the acquisition of land or interests therein for, the national park system unit which generated the proceeds.

National Park Enhancement and Protection Act - Requires the Secretary of the Interior, under specified conditions and after reviewing and determining that certain National Historical Park structures and lands are secondary structures and surplus lands, to allow private acquisition or use of the structures and lands. Requires the Secretary: (1) before disposing of any secondary structure or surplus land, to allow reacquisition by the original owner of such structure or land by negotiated sale, lease, or use permit; and (2) to report to specified congressional committees on each conveyance, lease, or issuance of a use permit for property under this Act having a total value greater than $150,000, at least 30 days before consummation. Requires amounts in excess of the administrative cost of the sale, lease, or use of the secondary structure or surplus land to be: (1) deposited in a special fund in the Treasury; and (2) available to the Secretary, without further appropriation, for operation, maintenance, or improvement of, or for the acquisition of land or interests therein for, the National Park System unit which generated the proceeds.

National Park Enhancement and Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Enhancement Act of 1993''. SEC. 2. FINDINGS. Congress finds and declares that-- (1) the United States commercial airline industry is currently suffering severe financial distress; (2) sustained record losses and excessive debt burdens are causing air carriers to cancel new aircraft options and orders, thereby threatening the economic viability of the United States aerospace manufacturing industry; (3) although most air carriers would benefit from acquiring new generation, quieter, more fuel-efficient aircraft, there is already more capacity than demand for seats, resulting in downsizing, not expansion, of fleets; (4) many air carriers are increasingly unable to obtain financing at reasonable interest rates for purchasing new equipment; (5) the inability of many air carriers to acquire new, quieter Stage 3 aircraft may jeopardize the planned phase out of noisier Stage 2 aircraft; (6) States and local communities, the traveling public, airline employees, and airline shareholders would all benefit from stronger, healthier air carriers operating modern, fuel efficient, quieter aircraft; (7) as the owner and operator of the Nation's air traffic control system, the Federal Government is a partner of the commercial aviation industry and must do its part to strengthen the air carrier and aerospace industries; (8) it is estimated that the Airport and Airway Trust Fund will contain an unobligated surplus in excess of $4,300,000,000 on October 1, 1993; (9) a prudent shift of the investment of the Airport and Airway Trust Fund surplus into modernization of the commercial aviation industry's fleet can provide vitally needed economic stimulus for carriers and manufacturers and will ensure that both industries remain competitive into the next century; and (10) the Airport and Airway Trust Fund surplus should, therefore, be made available to guarantee loans for the acquisition of new aircraft if such acquisition will assure the phasing out of less fuel efficient and noisier or older aircraft at the same time. SEC. 3. LOAN GUARANTEES FOR ACQUISITION OF STAGE 3 AIRCRAFT. (a) In General.--Title XI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1501-1518) is amended by adding at the end the following new section: ``SEC. 1119. LOAN GUARANTEES FOR ACQUISITION OF STAGE 3 AIRCRAFT. ``(a) In General.--The Secretary is authorized, subject to appropriations Acts, to guarantee any lender against loss of principal or interest on any loan made to an eligible air carrier for the purpose of financing the acquisition of new Stage 3 aircraft. ``(b) Terms and Conditions.--A loan may be guaranteed by the Secretary under this section only if the loan is made subject to the following terms and conditions: ``(1) Term.--The term of the loan does not exceed 20 years. ``(2) Rate of interest.--The loan bears interest at a rate which is less than the maximum rate for such loans determined by the Secretary. The maximum rate for such loans may not be less than the current average market yield on outstanding obligations of the United States with remaining periods to maturity comparable to the maturity of the loan. ``(3) Prepayment.--There is no penalty for prepayment of the amount of the loan. ``(4) Use of loan amounts.--The loan will be used only for the acquisition of Stage 3 aircraft which-- ``(A) are manufactured in the United States; and ``(B) will be delivered to the borrower not later than 3 years after the date on which amounts are appropriated to carry out this section. ``(c) Domestic Manufacture.--For the purposes of subsection (b)(4), an aircraft shall be considered to have been manufactured in the United States only if 50 percent or more of the parts of the aircraft, by value, are manufactured in the United States. ``(d) Retirement of Aging and Stage 2 Aircraft.--The Secretary may guarantee a loan under this section to an air carrier which owns or operates aging aircraft or Stage 2 aircraft only if the carrier agrees that, upon delivery of the aircraft being acquired with amounts of the loan, the air carrier will-- ``(1) retire from service Stage 2 aircraft or aging aircraft containing a number of seats which equals or exceeds 200 percent of the number of seats contained in the aircraft being acquired; or ``(2) retire from service all of the air carrier's remaining Stage 2 aircraft and aging aircraft. ``(e) Default.--The Secretary may guarantee a loan under this section only if the air carrier applying for the loan agrees that, in the event of a default, the air carrier will transfer to the Department of Transportation title to all equipment acquired with the proceeds of the loan. ``(f) Distribution of Loan Guarantees. ``(1) Determination of available seat miles.--Not later than 30 days after the date on which amounts are appropriated to carry out this section, the Secretary shall determine the percentage of available seat miles attributed, for the most recent 12-month period for which such data is available, to each eligible air carrier certificated on or before October 1, 1992. ``(2) Allocation.-- ``(A) Carriers certificated on or before october 1, 1992.--An amount equal to 95 percent of the funds appropriated to carry out this section shall be available for guaranteeing loans to eligible air carriers certificated on or before October 1, 1992, and shall be allocated among such carriers based on the percentage of available seat miles attributed to each such carriers under paragraph (1). ``(B) Other carriers.--An amount equal to 5 percent of the funds appropriated to carry out this section shall be available for guaranteeing loans to eligible air carriers certificated after October 1, 1992, and shall be allocated among such carriers based on a fair and equitable formula to be established by the Secretary. ``(C) Transfer of allocations.--An eligible air carrier may transfer to other eligible air carriers all or part of the amount of loan guarantees allocated to such carrier under this paragraph. ``(g) Enforcement.-- ``(1) In general.--The Secretary is authorized to take such actions as may be appropriate to enforce any right accruing to the United States, or any officer or agency thereof, as a result of the commitment or issuance of a loan guarantee under this section. ``(2) Collateral.--All loan guarantees under this section shall be secured by the equipment being financed and any other assets necessary to provide sufficient collateral. ``(h) Authorization of Appropriations.--There is authorized to be appropriated out of the Airport and Airway Trust Fund to carry out this section $4,300,000,000 for fiscal years beginning after September 30, 1993. ``(i) Definitions.--For the purposes of this section, the following definitions apply: ``(1) Aging aircraft.--The term `aging aircraft' means an aircraft which has been in service for at least 15 years. ``(2) Eligible air carrier.--The term `eligible air carrier' means an air carrier which has been issued an operating certificate under part 121 of title 14, Code of Federal Regulations. ``(3) Stage 2 aircraft.--The term `Stage 2 aircraft' means an aircraft which complies with Stage 2 noise levels under part 36 of title 14, Code of Federal Regulations, as in effect on the date of the enactment of this section. ``(4) Stage 3 aircraft.--The term `Stage 3 aircraft' means an aircraft which complies with Stage 3 noise levels under part 36 of title 14, Code of Federal Regulations, as in effect on the date of the enactment of this section. ``(5) Secretary.--The term `Secretary' means the Secretary of Transportation.''. (b) Conforming Amendment to Table of Contents.--The table of contents contained in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the matter relating to title XI of such Act the following: ``Sec. 1119. Loan guarantees for acquisition of Stage 3 aircraft. ``(a) In general. ``(b) Terms and conditions. ``(c) Domestic manufacture. ``(d) Retirement of aging and Stage 2 aircraft. ``(e) Default. ``(f) Distribution of loan guarantees. ``(g) Enforcement. ``(h) Authorization of appropriations. ``(i) Definitions.''.

Aviation Enhancement Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers for financing the acquisition of new Stage three aircraft. Authorizes the Secretary to guarantee such loans to air carriers that own aging aircraft or Stage two aircraft only if the carrier agrees that it will retire from service: (1) Stage two aircraft or aging aircraft containing a number of seats which equals or exceeds 200 percent of the number of seats contained in the acquired aircraft; or (2) all of the air carriers remaining Stage 2 aircraft and aging aircraft. Authorizes appropriations.

Aviation Enhancement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capitol Visitor Center Authorization Act of 1995''. SEC. 2. ESTABLISHMENT OF CAPITOL VISITOR CENTER. (a) In General.--The Architect of the Capitol, under the direction of the United States Capitol Preservation Commission, is authorized-- (1) to plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the United States Capitol with associated improvements to the Capitol to provide access thereto; and (2) to reconstruct the environs of the East Plaza of the United States Capitol to enhance its attractiveness, safety, and security. (b) Purpose.--It shall be the purpose of the Capitol Visitor Center to provide reception facilities, educational exhibits, amenities, auditoriums, and other programs and facilities for members of the public visiting the United States Capitol. SEC. 3. ENGINEERING AND DESIGN. (a) Report to Congress.--As soon as practicable after the date of the enactment of this Act, the Architect of the Capitol shall complete engineering and architectural designs and cost estimates for construction of the Capitol Visitor Center and transmit a report on the results thereof to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Rules and Administration of the Senate, and the United States Capitol Preservation Commission. (b) Contents.--The report to be transmitted under subsection (a) shall include detailed plans, specifications, and cost estimates for construction of the Capitol Visitor Center. (c) Plans for Exhibits.--Plans and specifications for the exhibits and equipping of the Capitol Visitor Center shall be completed by the Architect of the Capitol as soon as practicable after the commencement of construction. SEC. 4. CONSTRUCTION. (a) General Rule.--The Architect of the Capitol may not begin construction of the Capitol Visitor Center until plans, designs, and cost estimates transmitted under section 3 are approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, respectively. (b) Building Codes.--The Capitol Visitor Center and associated improvements shall meet design standards applicable under nationally recognized building codes, as determined by the Architect of the Capitol. During construction, the Architect shall conduct periodic inspections of the Capitol Visitor Center for the purpose of assuring that such standards are being met. (c) Applicability of Certain Laws.--The Capitol Visitor Center and associated improvements and the construction thereof shall not be subject to any Federal or State law (including laws of the District of Columbia) relating to taxes, building codes, permits, or inspections. SEC. 5. GIFTS. (a) In General.--For the purposes of carrying out section 2(a)(1), the Architect of the Capitol may solicit, receive, accept, hold, and dispose of gifts or donations of services or property. (b) Deposit of Receipts.--The Architect of the Capitol shall deposit into the account established by section 6(a) all monetary gifts received under subsection (a) and all proceeds from the disposition of nonmonetary gifts received under subsection (a). (c) Treatment Under Tax Laws.--Any gift accepted by the Architect of the Capitol under subsection (a) shall be considered a gift to the United States for the purposes of income, estate, and gift tax laws of the United States. SEC. 6. ACCOUNT IN THE TREASURY. (a) Establishment.--There is established in the Treasury of the United States a separate account entitled ``Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations'' which shall consist of amounts deposited into the account by the Architect of the Capitol under section 5(b) and amounts credited to the account pursuant to this section. (b) Availability of Amounts.--Funds in the account established by subsection (a) shall be available to the Architect of the Capitol for carrying out section 2(a)(1) in such amounts as are specified in appropriations Acts. Such funds shall not be subject to any fiscal year limitation. (c) Reporting of Transactions.--Receipts, obligations, and expenditures of funds in the account established by subsection (a) shall be reported in annual estimates submitted to Congress by the Architect of the Capitol for the operation and maintenance of the Capitol Buildings and Grounds. (d) Investment.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the account established by subsection (a) as is not, in the judgment of the Secretary, required to meet current withdrawals. Such investments may be made only in interest- bearing obligations of the United States. For such purpose, such obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (2) Sale of obligations.--Any obligation acquired by the account may be sold at the market price. (3) Interest on certain proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the account shall be credited to and form part of the account. SEC. 7. AUTHORITY TO CONTRACT. The Architect of the Capitol may enter into contracts, using procedures other than competitive procedures, in carrying out section 2(a)(1). SEC. 8. SPECIAL COMMITTEE OF UNITED STATES CAPITOL PRESERVATION COMMISSION. (a) Delegation of Functions.--The United States Capitol Preservation Commission is authorized to delegate to the Special Committee appointed pursuant to the amendment made by subsection (b) the functions of the Commission under this Act. (b) Establishment.--Section 801 of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a) is amended by adding at the end the following: ``(f) Special Committee.-- ``(1) Establishment.--The Commission is authorized to establish a Special Committee consisting of 3 Members of Congress as follows: ``(A) One Member of the House of Representatives to be appointed by the Commission. ``(B) One Member of the Senate to be appointed by the Commission. ``(C) One Member of the House of Representatives or the Senate to be appointed by the 2 members appointed pursuant to subparagraphs (A) and (B). ``(2) Chairman; functions.--The Special Committee established pursuant to paragraph (1) shall elect its own chairperson and shall provide the Architect of the Capitol with all necessary oversight and direction in the exercise of the authority granted to the Architect under the Capitol Visitor Center Authorization Act of 1995.''. SEC. 9. FUNDING LIMITATION. (a) General Rule.--Funds for the payment of expenses incurred by the Architect of the Capitol in carrying out section 2(a)(1) shall be derived solely from the account established by section 6(a). (b) Statutory Construction.--Subsection (a) shall not be construed as limiting the use of any funds for the repair, reconstruction, or improvement of any existing structure of the United States Capitol.

Capitol Visitor Center Authorization Act of 1995 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission, to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the environs of the East Plaza to enhance its attractiveness, safety, and security. Requires the AOC to complete engineering and architectural designs and cost estimates for construction of the Center and to report to specified congressional committees and the Commission on the results. Prohibits the AOC from beginning the construction of the Center until the cost estimates are approved by resolutions adopted by such committees. Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account. Authorizes the: (1) AOC to enter into contracts, using noncompetitive procedures, to carry out this Act with respect to the Center; and (2) Commission to establish and delegate its functions under this Act to a Special Committee which shall provide the AOC with all necessary oversight and direction. Limits funding for the payments of expenditures incurred by the AOC in providing for the Center to amounts in the account established by this Act.

Capitol Visitor Center Authorization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Prevention and Enforcement Act of 2007''. SEC. 2. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS LICENSEES. (a) In General.--Section 923(e) of title 18, United States Code, is amended to read as follows: ``(e)(1)(A) If the Attorney General determines that a licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may-- ``(i) if the violation is of a minor nature-- ``(I) impose on the licensee a civil money penalty of not more than $1,000 for each instance of such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection shall not exceed $5,000; or ``(II) suspend the license for not more than 30 days, if in the period for which the license has been in effect, the licensee on at least 1 prior occasion has received a written notice of violation(s) of this chapter or any regulations prescribed under this chapter, and specify the circumstances under which the suspension is to be terminated; or ``(ii) if the violation is of a serious nature-- ``(I) impose on the licensee a civil money penalty of not more than $2,500 for each instance of such violation, except that the total amount of penalties imposed on a licensee under this subclause for a violation arising from a single inspection shall not exceed $15,000; ``(II) suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated; ``(III) revoke the license; or ``(IV) take the actions described in subclauses (I) and (II), or subclauses (I) and (III). ``(B)(i)(I) In determining the amount of a civil money penalty to impose under subparagraph (A) on a licensee, the nature and severity of the violation involved, the size of the firearms business operated by the licensee, and the prior record of the licensee shall be considered. ``(II) On request of the licensee, the Attorney General may consider the ability of the licensee to pay a civil money penalty, and may allow the licensee to submit documents and information to establish the ability of the licensee to pay. The Attorney General shall not make part of any public record any document or information so submitted, and shall return to the licensee any such document or information. ``(III) The total amount of penalties imposed on a licensee under subparagraph (A) with respect to violations of a minor nature and of a serious nature arising from a single inspection or examination shall not exceed $15,000. ``(ii) For purposes of subparagraph (A), violation of a provision of this chapter with respect to 2 or more firearms during a single transaction shall be considered a single violation of the provision. ``(iii) The Attorney General may defer, or suspend, in whole or in part, the imposition of a civil money penalty on a licensee whose license is suspended under this paragraph. ``(C) For purposes of subparagraph (A), the Attorney General shall prescribe by regulation which violations of this chapter shall be considered to be of a serious nature. ``(D) The Attorney General may not commence an enforcement action under subparagraph (A) with respect to any violation after the 2-year period that begins on the date the violation is discovered. The limitations period does not prevent the Attorney General from introducing evidence of any violation to establish willfulness. ``(2)(A) Not less than 30 days before the effective date of any penalty imposed on a licensee by reason of a determination made under paragraph (1), or of any denial of an application for a license pursuant to subsection (d)(2) of this section, the Attorney General shall send the licensee a written notice-- ``(i) of the determination or denial, and the grounds on which the determination or denial was made; ``(ii) of the nature of the penalty; and ``(iii) that the licensee may, within 30 days after receipt of the notice, request a hearing to review the determination or denial. ``(B) A hearing to review a determination or denial made under paragraph (1) or subsection (d)(2) of this section with respect to a licensee shall not be held unless the licensee requests such a hearing within 30 days after receiving the notice of the determination or denial sent pursuant to subparagraph (A). ``(3) This subsection shall not be interpreted to affect the authority of the Attorney General under section 922(t)(5) or section 924(p) of this title.''. (b) Conforming Amendment.--Section 923(f) of title 18, United States Code, is amended-- (1) by striking paragraphs (1) and redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; (2) in paragraph (1), as redesignated, by-- (A) inserting ``or otherwise imposes a sanction pursuant to subsection (e)'' after ``or revokes, a license''; (B) striking ``or revocation'' and inserting ``or sanction pursuant to subsection (e)''; (C) striking ``In the case of a revocation of a license, the'' and inserting ``The''; and (D) striking ``date of the revocation'' and inserting ``date of the sanction''; and (3) in paragraph (2), as redesignated, by-- (A) striking ``(2)'' each place it appears and inserting ``(1)''; (B) striking ``or revoke a license'' and inserting ``or impose a sanction pursuant to subsection (e)''; (C) striking ``or revocation'' and inserting ``or sanction under subsection (e)''; and (D) striking ``or to revoke the license'' and inserting ``or to impose the sanction under subsection (e)''. (c) Effective Date.--The amendments made by this section shall take effect 270 days after the date of enactment of this Act. SEC. 3. AMENDMENTS RELATING TO VIOLENT CRIME. (a) Clarification of Illegal Gun Transfers To Commit Drug Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, United States Code, is amended to read as follows: ``(h) Whoever, in or affecting interstate or foreign commerce, knowingly transfers a firearm, knowing that the firearm will be used to commit, or possessed in furtherance of, a crime of violence or drug trafficking crime (as defined in subsection (c)(2)), shall be fined under this title and imprisoned not more than 20 years.''. (b) Conspiracy Penalty.--Section 371 of title 18, United States Code, is amended by striking ``five years, or both.'' and inserting ``20 years (unless the maximum penalty for the crime that served as the object of the conspiracy has a maximum penalty of imprisonment of less than 20 years, in which case the maximum penalty under this section shall be the penalty for such crime), or both. This paragraph does not supersede any other penalty specifically set forth for a conspiracy offense.''. SEC. 4. POSSESSION OF FIREARMS BY DANGEROUS FELONS. (a) In General.--Section 924(e) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following: ``(1) In the case of a person who violates section 922(g) of this title and has previously been convicted by any court referred to in section 922(g)(1) of a violent felony or a serious drug offense shall-- ``(A) in the case of 1 such prior conviction, where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for that conviction, be imprisoned for not more than 15 years, fined under this title, or both; ``(B) in the case of 2 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for not more than 20 years, fined under this title, or both; and ``(C) in the case of 3 such prior convictions, committed on occasions different from one another, be fined under this title and imprisoned not less than 15 years or more than life, and notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).''. (b) Amendment to Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide for an appropriate increase in the offense level for violations of section 922(g) of title 18, United States Code, in accordance with section 924(e) of that title 18, as amended by subsection (a). SEC. 5. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES. Section 3142(e) of title 18, United States Code, is amended in the matter following paragraph (3) by inserting ``an offense under subsection (g)(1), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 922,'' after ``that the person committed''. SEC. 6. CONFORMING AMENDMENT. Section 922(d) of title 18, United States Code, is amended in the matter preceding paragraph (1) by inserting ``, transfer,'' after ``sell''. SEC. 7. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF RACKETEERING. Section 1952 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``perform'' and all that follows through the end of the subsection and inserting ``perform or attempts to perform an act described in paragraph (1), (2), or (3), or conspires to do so, shall be punished as provided in subsection (d).''; and (2) by adding at the end following: ``(d) The punishment for an offense under subsection (a) is-- ``(1) in the case of a violation of paragraph (1) or (3), a fine under this title and imprisonment for not more than 20 years; and ``(2) in the case of a violation of paragraph (2), a fine under this title and imprisonment for any term of years or for life, but if death results the offender may be sentenced to death.''. SEC. 8. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY CRIMES OF VIOLENCE. (a) In General.--Section 1958 of title 18, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence''; and (2) in subsection (a), by-- (A) inserting ``or other crime of violence, punishable by imprisonment for more than 1 year,'' after ``intent that a murder''; and (B) striking ``shall be fined'' the first place it appears and all that follows through the end of such subsection and inserting the following: ``shall, in addition to being subject to a fine under this title-- ``(1) if death results, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, or a conspiracy to commit such a crime of violence, be imprisoned any term of years or for life; ``(3) if the crime of violence is an assault, or a conspiracy to assault, that results in serious bodily injury (as defined in section 1365), be imprisoned not more than 30 years; and ``(4) in any other case, be imprisoned not more than 20 years.''. (b) Clerical Amendment.--The item relating to section 1958 in the table of sections at the beginning of chapter 95 of title 18, United States Code, is amended to read as follows: ``1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.''. SEC. 9. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3299A. Violent crime offenses ``No person shall be prosecuted, tried, or punished for any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 10 years after the date on which the alleged violation occurred or the continuing offense was completed.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3299A. Violent crime offenses.''. SEC. 10. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES. Section 3286(a) of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``Eight-Year'' and inserting ``Ten-Year''; and (2) in the first sentence, by striking ``8 years'' and inserting ``10 years''. SEC. 11. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL ALIENS. (a) Offenses.--Part 1 of title 18, United States Code, is amended by inserting after chapter 51 the following: ``CHAPTER 52--ILLEGAL ALIENS ``Sec. 1131. Enhanced penalties for certain crimes committed by illegal aliens ``(a) In General.--Whoever, being an alien who is present in the United States in violation of section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326), knowingly commits, conspires, or attempts to commit a felony crime of violence for which imprisonment for a period of more than 1 year may be imposed, or a drug trafficking crime (as defined in section 924(c)), shall be fined under this title, imprisoned not more than 20 years, or both. ``(b) Previously Ordered Removed.--If the defendant in a prosecution under subsection (a) was previously ordered removed under the Immigration and Nationality Act on the grounds of having committed a crime, the defendant shall be fined under this title, imprisoned not more than 30 years, or both. ``(c) Running of Sentence.--A term of imprisonment imposed for an offense pursuant to this section may not run concurrently with any other sentence of imprisonment imposed for another offense.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following new item: ``52. Illegal Aliens........................................ 1131.''.

Violent Crime Prevention and Enforcement Act of 2007 - Amends the federal criminal code to: (1) authorize the Attorney General to impose civil fines on firearms licensees who willfully violate federal firearms laws; (2) increase criminal penalties for transferring firearms for use in crimes of violence or drug trafficking and for conspiracies against the United States; (3) increase criminal penalties for felons with prior convictions for violent crimes and serious drug offenses who unlawfully possess firearms; (4) expand criteria for the detention for persons charged with firearms offenses prior to trial; (5) include other felony crimes of violence in the prohibition against interstate travel to commit murder-for-hire and increase criminal penalties for such crimes; (6) impose a 10-year limitation period for prosecutions of noncapital crimes of violence and terrorism; and (7) impose increased criminal penalties for illegal aliens who commit felony crimes of violence or drug trafficking.

To provide law enforcement critical tools and resources for preventing and enforcing violent crime.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Congressional Pension Integrity Act of 1996''. (b) Findings.--The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in the public trust and pledge to uphold this public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; (4) a Member of Congress who is convicted of a felony should be punished not only for the crime committed, but for violating the public trust; and (5) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 2. CONVICTION OF CERTAIN OFFENSES AND FORFEITURE OF RETIREMENT BENEFITS. (a) In General.--Section 8312(a) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; or'', and by adding after paragraph (2) the following: ``(3) was convicted, on or after the date of the enactment of the Congressional Pension Integrity Act of 1996, of an offense described in subsection (e), to the extent provided by that subsection.''; and (2) by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding after subparagraph (B) the following: ``(C) with respect to an offense described in subsection (e), to the period after the date of conviction or after the date of the enactment of the Congressional Pension Integrity Act of 1996, whichever is later.''. (b) Description of Offenses.--Section 8312 of title 5, United States Code, is amended by adding at the end the following: ``(e) An offense described in this subsection is any offense-- ``(1)(A) which is a felony under Federal or State law; or ``(B) which is (i) not an offense described in subparagraph (A), (ii) a crime under Federal or State law, and (iii) a result of conduct directly related to the performance of the individual's official duties as a Member of Congress; ``(2) for which the individual is convicted on or after the date on which such individual first becomes a Member of Congress (including a Delegate to Congress), whether or not such individual is still such a Member on the date of conviction; and ``(3) which was committed on or after the date of the enactment of the Congressional Pension Integrity Act of 1996.''. SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION. Section 8313(a)(1) of title 5, United States Code, is amended by striking ``or'' at the end of subparagraph (A), by striking ``and'' at the end of subparagraph (B) and inserting ``or'', and by adding at the end the following: ``(C) after the date of the enactment of the Congressional Pension Integrity Act of 1996, for an offense described in section 8312(e); and''. SEC. 4. FORFEITURE OF CONTRIBUTIONS AND DEPOSITS. (a) General Rule.-- (1) Refund provisions not applicable to offenses described in section 8312(e).--Section 8316(b) of title 5, United States Code, is amended by adding at the end the following: ``(c) A refund under this section may not be made when payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense described in section 8312(e), to the extent provided therein.''. (2) Conforming amendment.--Section 8316(a) of title 5, United States Code, is amended by striking ``When'' and inserting ``Except as provided in subsection (c), when''. (b) Treatment of Contributions to the Thrift Savings Plan.-- (1) In general.--Section 8316 of title 5, United States Code, is amended by adding at the end the following: ``(d)(1) Except as provided in paragraph (2), when payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312, to the extent provided by that section, or violated section 8314 or 8315, the amount standing to such individual's credit in the Thrift Savings Plan at the time of the conviction or violation (as the case may be) shall, on appropriate application therefor, be refunded or otherwise made available to such individual, at such time, in such manner, to such extent, and otherwise in accordance with such regulations as the Executive Director shall prescribe consistent, to the extent practicable, with subsections (a) and (b). ``(2) No amount shall be refunded or otherwise made available under this subsection when payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312(e), to the extent provided therein. ``(3) For the purpose of this subsection-- ``(A) the term `Thrift Savings Plan' means the Thrift Savings Plan under subchapter III of chapter 84; and ``(B) the term `Executive Director' means the Executive Director appointed under section 8474(a).''. (2) Conforming amendment.--Section 8318(d) of title 5, United States Code, is amended by adding at the end the following: ``The Executive Director shall prescribe regulations under which this subsection shall be applied in any case in which the pardoned individual is an individual with respect to whom the regulations under section 8316(c) were applied.''.

Congressional Pension Integrity Act of 1996 - Amends Federal law to deny annuity or retirement pay to an individual convicted on or after the enactment of this Act of a felony or a crime under State or Federal law that results from conduct directly related to the performance of the individual's official duties as a Member of Congress: (1) for which the individual is convicted on or after the date such individual first becomes a Member of Congress (including a Delegate to Congress), whether or not such individual is still such a Member on the date of conviction; and (2) which was committed after enactment of this Act. Denies annuity benefits to such an individual who willfully remains outside the United States or its territories and possessions for more than one year with knowledge of his or her indictment or charges. Provides for forfeiture of retirement contributions and deposits made by such individuals, including contributions into the Thrift Savings Plan.

Congressional Pension Integrity Act of 1996